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(영문) 수원지방법원여주지원 2017.08.23 2015가단25152
소유권이전등기
Text

1. The Plaintiff:

A. Of the F.M. 1,960 square meters in 1,960 square meters in each of the attached Table 1 marks 9,10,11,12,13,14,15, 16, 24, 23, and 9.

Reasons

1. Determination as to the claim against the defendant B

A. Basic facts 1) The Defendants’ father, the father of the Defendants, is the deceased (hereinafter “the deceased”).

(2) On May 31, 1937, the deceased completed the registration of ownership transfer on the land of this case Nos. 1 and 2.) On July 8, 197, the deceased died on July 8, 197. Of the land of this case, the shares of Defendant B 13/36, the shares of Defendant C 9/36, the shares of Defendant D 5/36, and the shares of Defendant E 9/36, respectively.

3) The Plaintiff is K’s son, and K is the dead’s dead’s dead’s dead body. [Grounds for recognition] The fact that there is no dispute, Gap’s 1 and 7 evidence, Eul’s evidence No. 4 (which has a serial number) and the purport of the whole arguments and arguments including a serial number.

B. The Plaintiff’s assertion 1) around 1959: (a) around 1959, the Deceased donated the part of each dispute among the lands Nos. 1 and 2 in this case to K as the bottom of a marriage life; (b) around that time, K cultivated and occupied each dispute part of the lands Nos. 1 and 2 in this case, and donated the land to the Plaintiff around 1997. Therefore, K and the Plaintiff occupied the said land in a peaceful and public manner with the intent to own the said land for over 20 years; (c) As such, Defendant B is obligated to implement the procedure for the registration of ownership transfer on the ground of the completion of the prescription period for the acquisition of possession of the said land. (d) Defendant B’s assertion and the Plaintiff did not occupy the said land for over 20 years, and thus, the Plaintiff’s claim of this case was without merit.

C. 1) We examine whether K and the Plaintiff possessed each part of the dispute over the land Nos. 1 and 2 of this case for not less than 20 years. In order to recognize the prescription period for acquisition by possession, the possessor must occupy the pertinent real estate in a peaceful and public performance manner with the intent to own it for 20 years (Article 245(1) of the Civil Act, and the Plaintiff, the Plaintiff claiming the prescription for acquisition by prescription, is liable to prove the fact that “20 years possession” of the

According to the fact that there is no dispute, the witness K's testimony, and the result of the on-site inspection by this court, it is the date of the on-site inspection by this court.

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