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(영문) 창원지방법원 2017.02.02 2016나56902
소유권이전등기
Text

1. The part against Defendant D in the judgment of the first instance is revoked.

2. Defendant D shall not be less than 684m20,000,000 won to the Plaintiff.

Reasons

1. Basic facts

A. On September 30, 1913, F, the Defendants’ fleet, was examined as to each of the instant lands unregistered on September 30, 1913, and upon the death of F on March 14, 1939, G, the son-Nam succeeded to F.

B. G died on December 30, 1964, and Defendant E, his wife, and his wife, succeeded to G at each ratio of 1/5 of the statutory inheritance portion, and 3/5 of the statutory inheritance portion, as the head of South-North Korea, Australia, as the head of Australia, succeeded to G. As H’s inheritance portion (1/5) on February 10, 1965, H succeeded to 2/3 of the statutory inheritance portion, and 1/3 of the statutory inheritance portion.

C. I died on May 8, 1982, and C as the wife B and C, as the wife of Australia, succeeded I to I at each ratio of 3/8 of the legal inheritance portion and 2/8 of the legal inheritance portion of Defendant D, the husband of Australia, as the wife C and Defendant D, the husband, succeeded to I at each ratio of 3/8 of the legal inheritance portion.

Ultimately, Defendant D inherited each land of this case, which was owned by F in the proportion of 22/120 [=(3/51/5 x 2/3) x 2/8], and Defendant D inherited each land of this case, which was owned by F in the proportion of 32/120=1/5 x 1/3).

【Ground of recognition】 The fact that there has been no dispute, Gap's evidence 8, 9, 11-1 through 4, the purport of the whole pleadings

2. Determination as to the primary claim against Defendant D

A. On September 12, 1986, the Plaintiff purchased K-source 3,233 square meters of the window of Changwon-si (hereinafter “K land”) and 1,928 square meters of L orchard (hereinafter “L land”) from J on September 12, 1986, and purchased each of the instant land unregistered, together with each of the instant land, and possessed each of the instant land together with K and L for at least 20 years from that time until that time, and occupied each of the instant land with each of the instant land and left agricultural houses. There is no dispute between the Plaintiff and Defendant D.

The plaintiff's possession is presumed to have been a peaceful and public performance according to the intention of ownership pursuant to Article 197, Paragraph 1 of the Civil Code.

B. Therefore, Defendant D is liable for the Plaintiff to implement each procedure for the registration of ownership transfer on September 12, 2006 with respect to each of the instant lands, with respect to the share of 22/120 of each of the instant lands, due to the completion of prescriptive acquisition.

3. Determination as to the primary claim against Defendant E

A. The plaintiff's summary of the plaintiff's assertion is K and L. from J on September 12, 1986.

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