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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On December 2, 1921, the registration of ownership transfer was completed on December 2, 1921 with respect to the land ownership of the area C, 637 square meters prior to D, 320 square meters prior to D, 792 square meters prior to F, 1,859 (hereinafter “C, D, E, and F”) and on December 8, 1930, the registration of ownership transfer was completed on December 8, 1930 under H’s name with respect to the whole share of H as to the land of this case, and the registration of ownership transfer was completed on December 8, 1930 under H’s name.
B. In addition, on September 21, 1949 with respect to K 1,187 square meters (hereinafter “K land”), the registration of ownership transfer was completed by 1/3 shares in the name of J, L, M on September 21, 1949. On November 25, 201, with respect to the shares of J, the registration of ownership transfer was completed on the grounds of inheritance under the name of the heir, including the Defendant. On January 24, 2013, with respect to N’s shares (9/120 shares) among the successors of J, the registration of ownership transfer was completed on the grounds of sale under the name of the Defendant.
C. In addition, on December 2, 1970, the registration of preservation of ownership was completed on the portion of co-owners in the name of J, P, B, Q, and R, the registration of ownership transfer was completed on May 1, 1991, on the ground that the title trust was terminated under the Plaintiff’s name with respect to the share of all co-owners in the name of the Plaintiff.
The Defendant is the Plaintiff’s son and the Defendant’s son up to 1944, and the J, the Defendant’s son up to 1976, following the death of H, has directly occupied each of the instant land or indirectly occupied it through a third party.
E. However, the Defendant filed a lawsuit claiming the transfer of ownership on the ground of the completion of prescription for the acquisition of ownership (hereinafter “prior lawsuit”) against G and I et al.’s inheritors registered as co-owners on the register of land C, D, E, and F owned by the Defendant as Suwon District Court No. 2010Da23602, and the Plaintiff also filed the lawsuit.