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(영문) 제주지방법원 2016.10.27 2015가합11645
소유권이전등기
Text

The plaintiff's primary claim is dismissed.

The Defendants shall share 1/5 of each of the lands listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is the head of H (the deceased on September 16, 1982) who is the birth of the deceased G (the deceased on July 13, 200; hereinafter the "the deceased") and the defendants are the children of the deceased.

B. From April 23, 2013 to July 4, 2014, the Defendants completed the registration of ownership transfer on each of the instant land, which was owned by the Deceased, due to inheritance.

(The shares of the defendants are 1/5, respectively). [Grounds for recognition] The facts of no dispute, Gap's 2 (including paper numbers; hereinafter the same shall apply) and 3, and the purport of the whole pleadings.

2. The parties' assertion

A. Plaintiff 1) The Deceased was de facto adopted on or around 1970, and around September 1982, the Plaintiff donated each of the instant lands to the Plaintiff by entrusting the Plaintiff with the first physician, who is the former wife of the Deceased and the Deceased. However, the ownership transfer registration was made after the Deceased’s death. Therefore, the Plaintiff primarily sought implementation of the ownership transfer registration procedure based on private donation. 2) At the preliminary time, the Plaintiff occupied each of the instant lands as the intention of possession for at least 20 years, and thus, the Defendants are obligated to complete the registration of ownership transfer based on the completion of prescriptive acquisition.

B. As long as the Defendants did not appear to have donated each of the instant lands to the Plaintiff, and the Plaintiff’s assertion that each of the instant lands was donated to the Deceased, possession by the Plaintiff is merely an occupation of a third party, and thus, cannot be deemed to have acquired each of the instant lands by prescription.

3. Determination

A. Determination as to the primary claim 1) The following facts are acknowledged if the evidence as mentioned earlier, Gap evidence Nos. 1, 4, Eul evidence Nos. 3 and 6, and the purport of the entire pleadings in the testimony of the witness J is added to the witness J. ① The deceased was the head of K, but did not produce any child. The deceased died in around 1969.

) The Deceased and H (referring to the Plaintiff, and the Deceased’s birth M) shall send the Plaintiff to G’s bilateral adoption, and shall link the Plaintiff.

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