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(영문) 청주지방법원 2019.08.14 2018나1828
소유권이전등기
Text

1. The part of the preliminary claim in the judgment of the first instance shall be revoked;

2. The plaintiff (appointed)'s conjunctive claim.

Reasons

The scope of this Court’s adjudication (Appointeds) and the Plaintiff’s designated parties (hereinafter “Plaintiffs, etc.”) together with the Plaintiff’s designated parties (hereinafter “Appointeds”) filed a claim for ownership transfer registration based on a sales contract with the primary claim at the first instance court, and the preliminary claim for ownership transfer registration based on the prescriptive prescription. The first instance court dismissed the primary claim and accepted the preliminary claim. The Defendant (Appointeds) appealed only, and thus, the scope of this Court’s adjudication is limited to the preliminary claim.

Facts of recognition

The deceased A (Death on May 13, 2018) is the wife of Nonparty H and the deceased M (Death in 1971). The plaintiff (Appointed Party) and the designated parties are children of Party A.

Defendant (Appointed Party) and Defendant Appointors (hereinafter collectively referred to as “Defendant et al.”), together with Defendant (Appointed Party) and Defendant Appointors (hereinafter referred to as “Defendant et al.”) succeeded to L according to the inheritance ratio, such as the attached list No. 2, to co-inheritors in M’s private villages (Death June 15, 1982).

The real estate listed in the attached Table 1 (hereinafter referred to as the "land of this case") is unregistered land, and the land owner on the land cadastre is described as L.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 3 (including a serial number, if any; hereinafter the same shall apply), and the gist of the plaintiff's assertion as to the conjunctive claim for the whole purport of the pleadings, Eul married with H in 1963 and purchased the land of this case from Byung through Ma, Ma, Ma, Ma, Ma, Ma, Ma, 1963, and thereafter, cultivated crops and occupied the land of this case from around that time to 1976.

A around 1976, while serving as a director in Daejeon, the non-party N, a relative of L, leased the above land to the non-party N with 1 math of rice each year. After the mother of the non-party N died, the non-party N succeeded to the above lease relationship, and the non-party AL, a N's child, is above.

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