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(영문) 광주지방법원 순천지원 2018.08.14 2016가단76173
소유권이전등기
Text

1. The Defendants: (a) on January 2016, 201, with respect to the Defendants’ shares in the inheritance indicated in the attached Form among V field 1,451 square meters in leisure time to the Plaintiff.

Reasons

1. Basic facts

A. The deceased W was the Plaintiff’s reference and died on May 24, 1977.

B. On December 10, 1921, the net X (Y) completed the registration of ownership transfer on January 17, 1922 with respect to V 1451 square meters (hereinafter “instant land”) at the time of influence due to the sale on December 10, 1921.

On March 20, 1967, the net X died, and the Defendants jointly succeeded to each inheritance share listed in the attached Form.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The Plaintiff’s summary of the Plaintiff’s assertion: (a) purchased the instant land at the time of the existence of the network X; and (b) thereafter, occupied by the Plaintiff, through the network or Nonparty AA, for the purpose of cultivating crops in peace and public performance with the intent to own the said land from around that time; and (c) on January 1, 2016, the acquisition by prescription for possession was completed.

However, the Defendants, as co-inheritors of the deceased X, the former owner of the instant land, shared the said land with the inheritance share ratio indicated in the attached Form.

Therefore, at the time of the completion of the statute of limitations for the acquisition of possession, the Plaintiff seeks implementation of the procedure for the registration of ownership transfer based on the completion of the statute of limitations for the acquisition of possession of the land of this case.

3. Determination as to the claim against Defendant C, E, F, G, H, I, J, K, M, N, P, Q, S, T, and U

A. 1) The possessor is presumed to have occupied real estate in good faith, peace, and public performance with his own will (Article 197(1) of the Civil Act). A. The possessor who occupies real estate in peace and public performance with the intention of ownership for twenty (20) years (Article 245(1) of the Civil Act). If the landowner continues to own the same during the period of prescriptive acquisition, it is sufficient to deem the starting point of the prescriptive acquisition between the landowner and the starting point at which the landowner can claim the completion of the prescriptive acquisition between them (see Supreme Court Decision 97Da34037, May 12, 1998).

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