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(영문) 전주지방법원 정읍지원 2017.04.20 2016가단1142
소유권이전등기
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. The Defendants are to the Plaintiff F.m., Jeonbuk-gun, Jeonbuk-gun.

Reasons

1. Facts of recognition;

A. On February 4, 1989, the ownership transfer registration was completed at the ratio of G6/28 shares due to the property inheritance on July 5, 1981, G6/28 shares, the defendants and H 4/28 shares due to the property inheritance.

B. As to the instant land as of February 18, 1991, the seller G, H, and the Defendants, and I, the buyer of the instant land (hereinafter “instant sales contract”). The said contract only contains a shape that can be seen as an unmanned on the part of C’s name, and there is neither the other G, H, and the other Defendants’ seals, signatures, or seals.

C. G, the mother of the Defendants, and the Defendants’ punishment H died before the date of the closing of the instant argument. There was no child of G other than the Defendants, and H did not have a heir.

Therefore, the Defendants currently own the land of this case at the rate of 1/4 shares, different from the existing copy of the register.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. On the premise that the sales contract of this case is in force primarily, the Plaintiff asserts that the Defendants are obligated to implement the registration procedure for transfer of ownership for the land of this case on the basis of the above sales contract.

However, the evidence submitted by the Plaintiff alone is that the unmanned under the contract of the instant sales contract is Defendant C, and if the above unmanned is the defendant C, it is insufficient to recognize that the defendant C was authorized to act as an agent for, or sell all of the instant real estate at the time of the preparation of the said contract, and there is no other evidence to acknowledge otherwise.

Therefore, we cannot accept the plaintiff's primary claim.

3. Judgment on the conjunctive cause of claim

A. From the acquisition by prescription of real estate, whether the possessor is an independent possession with the intention of possession, or an possession with the intention of possession without the intention of possession, is the possessor.

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