logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.08.11 2017나53401
소유권이전등기
Text

1. Of the judgment of the first instance, the part against Defendant E, F, G, H, and I in the judgment is revoked, and the part against which the above revocation is applicable.

Reasons

1. Basic facts

A. L purchased each forest land of this case on April 10, 1938 and completed the registration of ownership transfer on April 28, 1938.

B. L died on July 9, 1959, and the head of the family at the time of the death was M as a final agent.

C. At the time of death, N was married and was not located in the same family register with the deceased N, the South-North Korea Plaintiff and Defendant B, Defendant C,O, and Defendant D. However, at the time of death, N was not in the same family register.

C On September 25, 1961, the Defendant F, G, H, and I were married with Defendant E, and died on September 27, 2010.

【Reason for Recognition】 Each entry into evidence of subparagraphs A through 3, and the purport of the whole pleadings

2. Determination

A. 1) The summary of the Plaintiff’s claim was bequeathed to the Plaintiff before the Plaintiff’s death. Therefore, the Plaintiff sought from the network L to the Defendants the declaration of consent to the registration of transfer of ownership based on testamentary gift on July 9, 1959. 2) As to the fact that the Plaintiff bequeathed the instant forest to the Plaintiff prior to the Plaintiff’s death, it is insufficient to recognize it solely with the entries in the evidence No. 6 and the witness’s testimony, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's primary claim is without merit.

B. The Plaintiff’s assertion 1) The gist of the Plaintiff’s conjunctive claim was as follows: (a) from November 11, 1995 to November 11, 1995, the occupied assistant, the management of a grave for J forest; and (b) as the Plaintiff occupied the instant forest for twenty (20) years from November 11, 2015, including monitoring activities to prevent another person’s intrusion or use, etc., with respect to K forest, the Plaintiff acquired by prescription each of the instant forest land. (b) The Plaintiff acquired by prescription each of the instant forest land as indicated in the evidence Nos. 5 through 8 (including a paper number) and the testimony by the witness alone from November 11, 1995 to November 11, 1995. There is insufficient evidence to acknowledge otherwise.

possession of a thing is a person in terms of social norms.

arrow