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(영문) 인천지방법원 2019.09.19 2018가단271540
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. 기초사실 원고들은 망 J, 망 K의 자녀들로 그 상속인들이고, 피고 F, G, H은 원고들의 백부인 망 L 망 J의 형(兄)이다.

Defendant I is the child of the deceased L, and Defendant I is the heir of the deceased L as the 5 South-North children of the deceased L.

On March 2, 1994, the previous 4,172 square meters (hereinafter “N before subdivision”) was divided into 1,167 square meters prior to N, 274 square meters prior to N, P1,527 square meters prior to Q, 612 square meters prior to Q, and 592 square meters prior to R (hereinafter “instant R”) and the N prior 1,167 square meters was subdivided into 85 square meters prior to N and 312 square meters prior to S on October 21, 1998.

With respect to N land before subdivision, the same year in the name of the deceased L on June 17, 1941

6.9. The registration of ownership transfer was made on the ground of sale. On the other hand, Defendant F and G made the registration of ownership transfer on October 21, 2001 with respect to each one-six portion of the lands listed in the separate sheet, Defendant H and I made the registration of ownership transfer for each two-six-six share by agreement or division.

On the instant R land, 50 square meters (hereinafter “instant house”) are newly constructed on the instant land. Since around 1951, the deceased J, the deceased K, and the Plaintiffs occupied the instant house, such as the residents, etc. since around 1951.

On the other hand, unregistered housing was registered in the building ledger on October 18, 1996.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. In around 1950, the deceased J, as a doctor to receive a donation of the instant R land from the deceased T, who newly built the above house, occupied the said land as a site for the said house. Since the J died in around 1985, the deceased K and the plaintiffs occupied the said land by succeeding the possession, and after the K died in around 2012, the Plaintiffs continued to occupy the said land. As such, the deceased land from the deceased L, the nominal owner at the time of the deceased J’s commencement of possession.

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