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(영문) 울산지방법원 2014.07.23 2013가단5151
지분이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts (the fact that there is no dispute)

A. On July 6, 1948, among the instant land indicated in the list of annexed land, M shall be completed with respect to 3/7 shares, and N shall complete the registration of ownership transfer in its name with respect to 4/7 shares.

B.O completed the registration of ownership transfer under its name on the ground of sale with N on December 10, 1948 with respect to the 4/7 portion of the instant land on January 17, 1949.

C. The O died on January 17, 1986, and the Plaintiffs, their children, jointly inherited their property.

M died on July 10, 1986, and the Defendants, their children, jointly inherited their property. D.

The Ulsan-gun planned to include the land listed in Section 2 of the annexed Table of the land in the instant case into the road site. On October 26, 2012, the compensation for the said land was calculated on or around October 26, 2012, and the Plaintiffs filed the instant lawsuit on February 22, 2013.

2. Determination

A. The plaintiffs' assertion 1) purchased 4/7 shares out of the land of this case from N on December 10, 1948, and purchased 3/7 shares out of the land of this case from M in 1950 or in 1951. From December 31, 1951, the whole land of this case was occupied and cultivated for 20 years or more. From December 31, 1971, the acquisition by prescription for 3/7 shares out of the land of this case has been completed for 3/7 years or more. Thus, the defendants, the co-inheritors of M in this case, are obligated to implement the registration procedure for transfer of ownership for 3/7 shares out of the land of this case to the plaintiffs, who are co-inheritors of M in this case.2) The defendants' assertion of the defendants, as to the 3/7 shares out of the land of this case, are not independent possession, but independent possession.

B. Determination 1) Even if one co-owner occupies all of the co-owners, barring any special circumstance, the co-owned real estate is an owner possession within the scope of the share ratio of other co-owners by nature of the source of authority (see, e.g., Supreme Court Decision 95Da51861, Jul. 26, 1996). As such, it is presumed that one co-owner possesses the real estate by intention of ownership in accordance with Article 197(1)

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