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(영문) 대전지방법원 2016.10.26 2015가단216502
소유권이전등기
Text

1. The following shares are each of the real estate listed in the real estate list (attached Form) by Defendant D, Defendant (Appointed Party) and Appointeds:

Reasons

1. Facts of recognition;

A. Each land listed in the separate sheet of real estate (hereinafter “each land of this case”) is unregistered land and is registered as the deceased J.

B. On February 25, 1995, the deceased was aware that each of the instant lands was owned by K clans and was in title trust to the saidJ. On February 25, 1995, the deceased entered into a sales contract with the clan representative L to purchase each of the instant lands in KRW 3 million.

C. The net A paid the purchase price on the day of the sales contract and continuously occupied each of the instant lands that had been occupied before that date, and paid various taxes imposed on each of the instant lands on December 25, 2015, and died on the Plaintiff B as the wife, and the Plaintiff C inherited the deceased’s property as his child.

L around December 2003, L prepared and delivered a letter that each of the lands of this case is owned by the same clan and that the descendants of J would be responsible for each of the lands of this case if they claim their rights to each of the lands of this case.

E. On the other hand, the deceased J died on December 4, 1932, and the reason and the inheritance shares inherited to the Defendants and the designated parties are as stated in [attached Form] inheritance relations and inheritance shares.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-7 (including each number), witness M's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of recognition under paragraph (1) of the completion of the statute of limitations for the acquisition of possession, it is presumed that the deceased occupied each of the instant land for 20 years from February 25, 1995 to February 25, 2015, and possessed in peace and openly with its own intent. Therefore, the Defendants and the designated parties are obliged to implement the procedure for the registration of ownership transfer on the grounds of the completion of the statute of limitations for the acquisition of possession on February 25, 2015 to the Plaintiffs, the heir of the deceased, barring any special circumstance.

Furthermore, the defendants and the designated parties are about each share to be transferred to the plaintiffs.

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