(영문) 창원지방법원 2015.04.29 2014나5535 | 리걸엔진

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(영문) 창원지방법원 2015.04.29 2014나5535

소유권이전등기

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The registration of ownership transfer was completed on November 20, 1946 with respect to each real estate of this case under the name of deceased C, the father of the defendant, and thereafter on February 2, 1993, the registration of ownership transfer was completed in the name of the defendant as a result of the inheritance by consultation division.

2. The plaintiff's assertion

A. In the course of engaging in the taxi business in Busan, the deceased C sold each of the instant real estate owned by it in KRW 55,000 on December 15, 1968 to the Plaintiff on the purchase price of KRW 55,000, while the Plaintiff purchased each of the instant real estate and subsequently registered the title trust with the deceased C.

B. The Plaintiff: (a) had the net C cultivate each of the instant real estate; (b) had the Plaintiff cultivated the instant real estate from around 1969 to E; (c) had the Plaintiff cultivated the instant real estate from around 1985 to F; and (d) sold the instant real estate to G around 1991; (b) had G cultivated the instant real estate to F as a director around 194; and (c) had H cultivate the instant real estate after the F’s death.

C. On March 17, 2010, the Plaintiff notified the Defendant that the title trust on each of the instant real estate was terminated.

Therefore, the Defendant, who primarily succeeded to the status of the title trustee, is obligated to implement the registration procedure for transfer of ownership based on the termination of title trust with respect to each of the instant real estate to the Plaintiff. The Plaintiff, as his own intention, occupied each of the instant real estate for 20 years in peace and public performance through E, etc., and the acquisition by prescription on December 31, 198 was completed, and thus, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the completion of acquisition by prescription

3. The judgment was examined, and about 43 years have passed since December 15, 1968, claiming that the plaintiff purchased each of the instant real estate, and about 19 years have passed since February 2, 1993, when the registration was completed under the name of the defendant.

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