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(영문) 부산고등법원 2016.11.10 2016나52852
소유권이전등기
Text

1. Of the judgment of the court of first instance, parts of Defendant C, D, E, F, G, H, I, J, and L, including claims modified in the trial.

Reasons

1. Facts of recognition;

A. On July 10, 1970, Defendant A acquired the ownership of 2/4 shares, Defendant B of the first instance court, and 1/4 shares of 1/4 shares, and Defendant A acquired the ownership of 1/4 shares, respectively, on July 10, 1970, with respect to the conversion registration into 267 square meters (2/197, June 2, 1977) and N 24 square meters (24 square meters, June 2, 1977, hereinafter “the instant land”).

B. The land category of the instant case was changed to a road on May 21, 1976, and the Plaintiff had its incorporation of each of the instant land into a part of the road site while performing P’s expansion work around that time, and thereafter, it has been entering into the general public’s passage.

C. Defendant A filed a lawsuit against the Plaintiff on the claim for return of unjust enrichment due to the possession and use of the land in the instant case in 2009 (the Busan District Court 2009Gahap20201), and the lawsuit on the claim for return of unjust enrichment due to the possession and use of the land in the instant case in 2010 (the Busan District Court 2010Gadan26208) and rendered a favorable judgment from the said court, which became final and conclusive (hereinafter “previous lawsuit”), and the Plaintiff did not assert the claim for the acquisition by prescription against the said land in the previous lawsuit.

O (hereinafter referred to as “the deceased”) died on July 20, 1985. The deceased’s heir or substitute heir is Defendant C, D, E, F, G, H, I, J, L, L, and F, but Defendant C, D, E, H, J, L, L, and F, the remaining heir inherited the deceased’s property, and the detailed details of inheritance are as shown in the attached Form 3 inheritance status list.

[Ground of recognition] Defendant A: A without dispute, Gap evidence Nos. 1, 2, and 8 through 15 (including the number of branch offices), Eul evidence Nos. 1 and 2, the purport of the whole pleadings, defendant L/J: The judgment based on the confession agreement (Articles 208(3)2 and 150(3) of the Civil Procedure Act), defendant G, H, and I. The Civil Procedure Act is a judgment based on service by publication.

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