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(영문) 청주지방법원 2020.05.14 2019나14906
소유권이전등기
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On January 11, 1971, 197, with respect to H 108,397 square meters of forests and fields in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si (hereinafter “instant forest”) in the name of 18 co-owners, such as J, K, K, L, M, N, P, P, Q, R, T, U, V, M, X, Y, and Z.

B. On April 5, 1973, the net AA purchased from the co-owners of the forest of this case the part of the forest of this case corresponding to “the entire part under the road” among the forest of this case from X and Z, for 8 Gama.

C. The defendant completed the registration of ownership transfer on June 18, 1985 with respect to the forest of this case on March 25, 1973.

The deceased AA died on November 28, 2000, and the plaintiffs who are children succeeded to the deceased AA in each of 1/6 shares.

(The deceased AA’s spouse and the mother of the plaintiffs were deemed to have died after the deceased AA’s death, and thus the plaintiffs’ final inheritance shares are the plaintiffs’ final inheritance shares calculated accordingly). / [Grounds for recognition] of absence of dispute, each entry or video of Gap A1 through 3, and evidence of 5 through 11 (including numbers; hereinafter the same shall apply), the result of the first instance survey and appraisal, the purport of the whole pleadings.

2. Determination

A. In full view of the overall purport of the arguments as a result of the first instance survey and appraisal by Gap's evidence Nos. 3, 4, 12, and 14 as to the cause of the claim, the fact that the deceased AA had possession of the forest of this case from April 5, 1973 to the death date, and the fact that the plaintiffs succeeded to the forest of this case after the death of the deceased AA and have been in possession until now, the deceased AA or the plaintiffs occupied the forest of this case for not less than 20 years even if the defendant calculated from June 18, 1985 when the registration of transfer of ownership with respect to the forest of this case was completed, and such possession is presumed to have been conducted in peace and public performance with the intent to own the forest of this case pursuant to Article 197 (1) of the Civil Act.

Therefore, barring any special circumstance, the Plaintiff’s side on the part of the forest of this case is about June 19, 2005 after the lapse of 20 years from June 18, 1985, barring any special circumstance.

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