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(영문) 광주지방법원장흥지원 2017.08.09 2016가단3479
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the mother of the Defendant’s husband, and the Plaintiff and the Defendant are in the relationship with the mother of the Defendant’s husband.

B. The land Nos. 1 and 2 of the instant case was owned by F, the Plaintiff’s satisf. The registration of ownership transfer was completed on December 19, 194 in the Defendant’s future.

C. On September 6, 1994, E died, and around that time, E’s graves were installed on the ground of land No. 1.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including branch numbers for those with branch numbers) and purport of whole pleadings

2. The summary of the Plaintiff’s assertion as to the cause of the claim was that the Plaintiff resided in the Changwon-gun from around 1980 to the Defendant and E, and that the Plaintiff would return to the Defendant in around 1995 when there was conflict with the Defendant, and that the Defendant issued the Plaintiff a registration certificate of the instant Articles 1 and 2 to the Plaintiff, and that “this would bring about the Plaintiff. I will have the Plaintiff affix his seal at any time at the time when the registration was transferred or sold.” Since around September 1995, the Plaintiff returned to the Jeonnam-gun with the above registration certificate with the above registration certificate, and cultivated the instant Articles 1 and 2 and acquired the prescription by occupying the instant land for at least 20 years.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on the land Nos. 1 and 2 of this case to the Plaintiff for the completion of acquisition by prescription.

3. Determination

A. "Possession" means an objective relationship in which an article appears to be a factual control under the social norms, and in order to have a de facto control, it shall not necessarily mean physical and practical control over an article, but shall be determined in conformity with the concept of society by taking into account the time, space and principal relation with the article, possibility of excluding others' control.

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