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(영문) 대구지방법원 2020.11.18 2020가단664
소유권이전등기
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On February 26, 2002, the Plaintiff purchased the F site and its ground houses of Daegu-gu, Daegu-gu and the same year

3.20. Completion of the registration of ownership transfer.

B. On November 14, 2016, the Plaintiff purchased G site and its ground house located adjacent to the site and the house indicated in the preceding paragraph, and completed the registration of ownership transfer on November 18, 201.

C. On December 26, 197, H and I shared the road of this case in Daegu-gu, Daegu-gu, the access road to each of the above sites and housing (hereinafter “the road of this case”) by H and I. On December 26, 197, H, I purchased one-third of each of them, and H, K, and network J shared the road of this case as one-third of each of them.

Of the instant roads, K purchased N through L and M, and P, and Q shared the shares of N, P, and Q, which were succeeded to.

The shares of I among the roads of this case were inherited by R by agreement and division.

Of the instant roads, the H’s share was owned by the inheritance of S, T, U, V, W, X,Y, and Z.

E. The deceased J died on January 12, 1985, and the Defendants succeeded to the shares of the deceased J among the roads of this case.

F. The Plaintiff filed a lawsuit against co-owners of the instant road, other than the Defendants, seeking implementation of the procedure for ownership transfer registration based on the prescriptive acquisition.

The plaintiff purchased K and I's shares on December 1, 2019 as a result of a decision in lieu of conciliation (Tgu District Court 2019s.317197) became final and conclusive in that procedure, and the above judgment became final and conclusive around December 13, 2019 with respect to H's shares, upon winning a judgment in favor of the plaintiff on December 13, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff asserted that the acquisition by prescription was completed on the ground that the Plaintiff used the entire road of this case as an access road for not less than 20 years after purchasing the land from the Daegu Dong-gu F site and its ground.

Therefore, the Defendants shall implement the registration procedure for ownership transfer on the ground of the completion of prescription.

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