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(영문) 대구지방법원경주지원 2017.11.28 2016가단14372
소유권이전등기
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 10, 1983, the Plaintiff’s husband’s husband G (hereinafter “the deceased”) purchased 142 square meters prior to H, P, P, P, and completed the registration of ownership transfer on September 5, 1994, adjacent to the instant dispute land.

As the Deceased died on November 21, 2013, the Plaintiff inherited the adjoining real estate through an inheritance consultation division on November 21, 2013.

B. Of the instant forest land, the Defendant Korea Power and Nuclear Energy Corporation (hereinafter “Defendant Korea Power and Nuclear Energy”) is the owner who completed each registration of ownership transfer with respect to the shares of September 120/9,720 on September 7, 1981 (the Defendant Korea Power and Nuclear Energy was divided by the Korea Power & Nuclear Power Co., Ltd. on April 2, 2001 and succeeded to the rights and obligations of the Korea Power Co., Ltd), Defendant C, D, and E on September 6, 1994, respectively.

Defendant B is the owner who inherited the network I acquired ownership on September 6, 1994 with respect to 2,400/9,720 shares out of the forest of this case on May 4, 199.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. When the deceased purchases adjoining real estate around 1983, the seller knows that the land in the dispute of this case is also included in the adjacent real estate. Since September 5, 1994, the Plaintiff occupied the land in the dispute of this case in peace and public performance with his intention to own it for at least 20 years from September 4, 2014, and completed the prescription period, the Defendants are obliged to implement the registration procedure for the transfer of ownership due to the completion of the prescription period on the land in the dispute of this case on September 4, 2014.

B. The possession of related legal principles and articles is the objective relationship that appears to be in the factual control of a person under the concept of society, and it is essential to say that there is de facto control.

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