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(영문) 대구지방법원 2015.05.14 2014가단31094 (1)
소유권이전등기
Text

1. The Plaintiff: Defendant (Appointed Party) B, Defendant (Appointed Party) C, and Appointed Party D, among the real estate listed in the attached list.

Reasons

1. Basic facts

A. On March 10, 1994, the Plaintiff entered into a sales contract on the instant land and each of the buildings listed in the separate sheet attached thereto (hereinafter “instant building”) with N, Daegu Suwon-gu, Daegu, where N is residing (hereinafter “the instant land”). On the same day, the Plaintiff was transferred the instant land and buildings from N, and thereafter occupied and used them from that day to that day.

B. On May 9, 1994, the Plaintiff completed the registration procedure for ownership transfer of the instant land from N to the Plaintiff.

On the other hand, the instant building was unregistered and owned by N for several years prior to the conclusion of the said sales contract, and the name of the owner on the building ledger was N for 5th degree P. However, at the time of the conclusion of the said sales contract, N agreed that “The instant building was constructed for N at N’s expense, such as P., etc., for 5th degree of her construction at N.,” and did not implement it on the part of the Plaintiff.

C. P was killed on February 2, 1987, and P was P’s wife, Defendant (Appointed Party), Defendant (Appointed Party) B, Defendant (Appointed Party) C, Appointor G, Appointor D, E, Q, and R respectively.

Q died in March 200, and the Appointer H is the wife of Q, the Appointer I, and the Appointer J are each Q Q’s children.

R died in January 1979, and the Selection K, the Selection L, and the Selection M are children of each R.

[Ground of recognition] Evidence Nos. 2-5, Evidence Nos. 6-1, 2, and 7, and fact-finding to the head of Daegu Metropolitan City, the purport of the whole pleadings

2. According to Article 245(1) of the Civil Act, a person who possesses real estate with an intention to own it for twenty (20) years, in a peace and public performance, acquires ownership by registering it, and pursuant to Article 197(1) of the Civil Act, the possessor of an object is presumed to have occupied it in a peaceful and public performance manner. As such, the possessor does not have the responsibility to prove his/her own intent, peace, and public performance in cases where the possessor

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