logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2016.02.02 2014가단53242
소유권이전등기
Text

1. The Defendant points out to the Plaintiffs each point of the attached Form 12 through 18, and 12, among the land size of 320186 square meters in Chungcheongnam-gun Lyan-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. On June 13, 2010, Non-Party Ma succeeded to the network M in proportion to 1/6 shares of Plaintiff A, Plaintiff C, Plaintiff D, Plaintiff E, and Non-Party N., respectively.

On September 10, 2015, the network N succeeded to the network N in proportion to 2/13 shares of Plaintiff F, G, Plaintiff H, Plaintiff I, Plaintiff J, and Plaintiff K, respectively.

B. In around 1950, the net M received distribution from the Government of the Republic of Korea of “100 square meters prior toO” and completed reimbursement on March 31, 1951.

C. Around 1950, Nonparty P received distribution from the Government of the Republic of Korea of “270 square meters and the preceding 130 square meters” and completed reimbursement on March 31, 1956.

On April 15, 1988, the network N purchased the network P house, including “O” from Non-Party Q, the wife of the network P, for one million won, and paid the purchase price to Non-Party R in the fraud of the network P on the same day.

E. Meanwhile, on November 19, 2014, the 163 1st half of the 163 forest land in Chungcheongnam-gun, Chungcheongnam-gun was divided into 320186 square meters of L forest land.

On October 22, 1965, the registration of ownership transfer was completed in the name of the defendant on December 22, 1967 on the ground of the concession made by October 22, 1965.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 13 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. Determination on the cause of the claim 1) The land listed in paragraph 1 of the main text of the plaintiffs’ claim (hereinafter “instant land 1”) is the same as “10 square meters prior toO”, which is the land allocated by the net M and completed redemption.

From March 31, 1951, the net M has been occupied, cultivated, and cultivated as dry field by intention of ownership of the land No. 1 in this case. Under the delegation of other successors, the net M was killed while the net N was occupied, openly possessed, and cultivated as dry field, and the net N was occupied, cultivated by Plaintiff F and Plaintiff K as dry field.

Therefore, the Plaintiffs, who are the successors of the deceased M, shall acquire the land of this case by prescription in accordance with each inheritance share ratio around March 31, 1971.

arrow