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(영문) 대구지방법원 경주지원 2017.02.07 2016가단12130
소유권이전등기
Text

1. The defendant's each point is indicated in the attached reference table No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the land of 8026 square meters of I forest in racing-si.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 3, 4, 5, 6, and 8 (including paper numbers) and the whole purport of the pleadings.

On January 6, 1972, the registration of ownership transfer was completed on May 1, 1982 with respect to the remainder of 1/2 shares of 8026 m2 out of 8026 m2 in the K-si I forest land.

After all, the registration of ownership transfer was completed on October 28, 1987 in the name of the old Industrial Co., Ltd., the old Industrial Co., Ltd. on November 8, 1999, and on July 20, 200, as to the 15/27 shares out of the above land, the registration of ownership transfer was completed in the future in the M, as to the 12/27 shares out of the above land, and on April 14, 2004, the registration of ownership transfer was completed in the future in the defendant as to the whole shares in the above land.

B.O installed a tomb on the ship (A) part 187 square meters (hereinafter “instant land”) that connects each point of the annexed map Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the land above, with his father (the death of January 12, 1957) and mother Q (the death of May 4, 1985).

C.O purchased 450,000 won of the instant land from K and J on May 5, 1985 and occupied it from that time.

O died on December 5, 2014, and at the time there was Plaintiff B, C, D, E, F, and G, the wife of Plaintiff A, the heir of the heir.

2. According to the above facts of recognition as to the cause of the claim, the O completed the prescription period for the acquisition of possession of the land of this case on May 5, 2005, which was commenced from May 5, 1985 to 20 years since the purchase and possession of the land of this case.

Therefore, barring special circumstances, the Defendant, the owner of the instant land, is obligated to implement the procedure for ownership transfer registration on May 5, 2005 with respect to shares of 2/15 on the part of the instant land to the Plaintiff A, who inherited the right to claim for ownership transfer registration upon the completion of the prescriptive acquisition by O, with respect to shares of 3/15 out of the instant land, for each of the Plaintiff B, C, D, E, F, and G.

3. The defendant's assertion of this case is judged by the O from K and J.

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