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(영문) 청주지방법원 2014.12.24 2014가단157883
소유권이전등기
Text

1. With respect to the area of 572 square meters per 1/2 share in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the Defendants respectively have against the Plaintiffs on December 31, 1990.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Since around 1970, H had occupied part of 14,00 square meters of the land of the 14,000 square meters of Sinju-si I. After H died on January 19, 1989, the Plaintiffs, the inheritor, jointly possess the above cemetery site. 2) On the other hand, the above I forest was inherited on or around May 3, 1976, and the ownership transfer registration was completed on the land inherited by J around 1953 under the name of K on May 27, 1976. On August 11, 1978, the part corresponding to the above cemetery site was divided into a L, forest, 579 square meters of land and became subject to registration conversion into G 572 square meters (hereinafter the instant land).

3) On June 19, 1998, after K died on December 10, 1997, the registration of inheritance was completed by agreement and division as the Defendants jointly owned the land of this case 1/2 shares on June 19, 1998. 【Unfounded-founded-based dispute, Gap evidence 5, Gap evidence 6-1, Eul evidence 6-2, and Gap evidence 7-1, the testimony and video of the witnessJ, and the purport of the whole pleadings.

B. Determination 1) The possessor’s possession is presumed to have been made with the intention of possession. Thus, the possessor does not bear the burden of proving that the possessor is the owner’s possession on his own, and bears the burden of proving the possessor’s possession on the part of the other party who asserts that the possessor is the owner of the land without the intention of possession. In this case, the possessor occupied the land of this case from 1970 to 19 January 19, 1989, and after H continuously occupied the land of this case as the cemetery site, the Plaintiffs continued to occupy the land of this case as the cemetery site. As such, the Plaintiffs acquired the prescription by way of peace and openly occupying the land of this case as the owner’s intent to own the land of this case for twenty (20) years until December 31, 190, barring any special circumstance, the Defendants, the inheritor of K, have the obligation to implement the procedure of ownership transfer registration as to each of the land of this case on December 31, 199).

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