(영문) 춘천지방법원영월지원 2015.10.28 2015가단1319

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(영문) 춘천지방법원영월지원 2015.10.28 2015가단1319

소유권이전 등

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1. As to the portion of 3/13 shares in relation to Defendant D, E, F, G, and H in relation to the portion of 1,775 square meters in Gangwon-gun I before Gangwon-gun I, Defendant C, respectively, 2/13.

Reasons

1. Facts of recognition;

A. As to the land No. 1, the registration of ownership preservation in the Plaintiff’s name was completed on June 28, 1965, and the registration of ownership transfer in the name of the deceased J was completed on July 31, 1968 on July 30, 1968.

B. As to the 2,251 square meters (hereinafter “the instant 2 land”) in the vicinity of the instant land, the registration of ownership transfer in the name of the Plaintiff A was completed on June 28, 1965, and the registration of ownership transfer in the name of the Plaintiff was completed on the grounds of inheritance due to the agreement division as of June 23, 2012.

C. From 1970 to 2008, the deceased J was a farmer in planting trees on the land No. 2 of this case, and the deceased L was a farmer in the land No. 1 of this case from 1964 to 1967, and the plaintiff A was a farmer in the land No. 1 of this case.

The deceased J died on August 5, 2008, and the deceased C/13 shares, Defendant D, E, F, G, and H shares 2/15 shares, each of which was jointly inherited by the deceased J.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 14 through 17, Eul evidence or video (including each number; hereinafter the same shall apply), witness M's testimony and the purport of whole pleadings

2. Determination as to the cause of claim

A. The summary of the plaintiffs' assertion is that the registration of cancellation of the transfer of ownership in the name of the deceased J as to the land No. 1 in this case was completed after the registration of preservation of ownership of the land No. 2 in this case was completed, not the land No. 2 in this case which he cultivated and sold the land No. 1 in this case, but the registration of transfer of ownership in the name of the deceased J as to the land No. 1 in this case was completed. Thus, the registration of transfer of ownership in the name of the deceased J as to the land No. 1 in this case is invalid. The defendants, who are co-inheritors of the deceased J,

In this case, the deceased L is occupying the land of this case for at least 20 years.

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