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(영문) 창원지방법원 진주지원 2021.01.27 2020가단32400
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

(a) The net L is referred to the network M (1 South) and the network N (3 South) and the networkO is a child of the network M, and the network P is a child of the network N;

B. Plaintiff A, B, C, D, E, F, and G are the children of the network P, and Plaintiff H and I are the children of the net Q Q, which are the children of the network P.

(c)

Defendant, R, and S are children of the networkO.

(d)

The deceased L was assessed on September 30, 1914, and on December 17, 1984, the deceasedO completed the registration for the preservation of ownership on the instant land. On March 29, 2007, the Defendant, R, and S completed the registration for the transfer of ownership on each of the instant land based on inheritance on March 23, 200. On August 26, 2019, the Defendant completed the registration for the transfer of ownership on each of the instant land (hereinafter “registration for the transfer of ownership”). The Defendant received the said R and S’s share as gift and completed the registration for the transfer of ownership on the same day (hereinafter “registration for the transfer of ownership”).

[Grounds for Recognition] The facts without dispute, Gap evidence Nos. 1 through 14, 18, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiffs' net L resided in the instant land with 3 South and North 1 women under the slot, with a wooden house (hereinafter "the instant house"), and the other one-person net M (the defendant's assistance) left a high direction, while the other three-party net N resided in the instant house in support of the network L.

Accordingly, the network L donated the land and housing of this case to the network N, and the network P inherited the network N and resided in the housing of this case, and died in around 2017.

The Plaintiffs succeeded to the possession of the network N and the network P as the heir of the network P, and the present possessor may assert at the same time the possession of the previous possessor in the event of the succession of possession during the period of the acquisition period. As of November 21, 1941, when the network L was deceased, the period of prescription for the acquisition of possession of the instant land from November 21, 1961, which was 20 years after the lapse of 20 years from November 21, 1961, the Defendant is obligated to implement the registration procedure for the transfer of ownership of the instant land to the Plaintiffs.

In addition, the transfer registration of shares in this case is registered.

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