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(영문) 제주지방법원 2020.11.10 2020가단58597
소유권이전등기
Text

1. The Defendants are with respect to the Plaintiff’s share in the attached sheet in the “share in inheritance” column among the houses listed in the attached sheet.

Reasons

The Defendant B’s husband and the other Defendants’ husband owned J land (hereinafter “J land”). On February 6, 1977, the Jeju-si divided into 169 square meters (hereinafter “K land”) from the above land on February 6, 197; on February 10, 1977, the registration of transfer of ownership in the name of the deceased L on the ground of “sale on February 7, 1977”; on the network L intended to newly build the housing to reside on the ground of the land located on the land of J; on the other hand, the land was newly constructed and resided in the house list (hereinafter “instant housing”) in the name of the owner of J land in the public book, and around 1980 after obtaining the construction permit under the name of J land in the name of the owner of J land; on the other hand, the net report on the housing of this case was entered in the building permit register as the owner of the building of this case on February 20, 1986.

Around June 2007, the Plaintiff died. Around June 2007, the Plaintiff: (a) succeeded to the land of K by way of consultation and division; (b) died on September 17, 1987; and (c) on September 17, 1987, the Defendants succeeded to the instant house, such as the entry in the [Attachment List] column; (d) the Plaintiff did not object to the residence of the net L in the instant house; and (e) the Defendants knew the fact that the net I entered in the building ledger of the instant house before the instant lawsuit was filed, either there is no dispute between the parties, or that the Defendants knew the fact that the net I entered in the building ledger of the instant house of this case as the owner, by taking account of the respective entries and the entire purport of pleadings

According to the above facts, since the deceased L frequently occupied the house of this case from February 20, 1986 to around February 20, 2006, and the acquisition by prescription of the deceased L as to the above land has been completed, the defendants are obligated to implement to the plaintiff the registration procedure for the transfer of ownership based on the completion of the acquisition by prescription on February 20, 206 with respect to the share in the "attached Table" column of the ownership of this case.

Then, the plaintiff's objection.

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