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(영문) 창원지방법원 2018.09.13 2018나51086
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

Facts of recognition

The plaintiff is the spouse of the deceased deceased D on February 25, 1985.

The defendant is one of the co-inheritors of the network E.

The land of this case (hereinafter referred to as “instant land”) is the land on March 10, 1914, where the net E is located.

On April 5, 2007, the defendant completed registration of preservation of ownership of the land of this case according to the agreement on division of inherited property.

The Plaintiff completed registration of preservation of ownership on May 16, 2007 with respect to the 48.93 square meters (hereinafter “instant housing”) of a wooden ground and a ice roof on the ground of the instant land.

The general building ledger and closed building management ledger of the instant house are written by the Plaintiff, who has an address in the Hanam-gun F (hereinafter “F”) as the owner of the instant house.

Of the instant housing, a wooden tank housing 32.07 square meters was constructed in around 1924 and around 16.86 square meters in wooden village housing around 1975.

Of the instant land, the line connected in sequence 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, and 4 among the instant land indicated in the separate drawings is indicated with the fence line and the bottom line of the axis, and the ship (a) is used as the site or marina of the instant housing.

【In the absence of dispute, the Plaintiff’s claim as to Gap’s evidence Nos. 1 through 4, 23, 24, Eul’s evidence No. 2-1, Eul’s evidence No. 2-1, and the cause of claim as to the whole pleadings was completed immediately after the Plaintiff’s claim as to the Plaintiff’s purchase of the land of this case from the deceased G, his spouse’s net D, and the Plaintiff. The above house was inherited in succession in succession. The Plaintiff occupied the foregoing house for at least 20 years prior to the time of the filing of the lawsuit in this case, while residing in the foregoing house for at least 20 years prior to the filing of the lawsuit in succession with the intent to own the dispute part of the instant case, and the acquisition by prescription was completed. The Defendant is obligated to implement the registration procedure for transfer of ownership on October 25, 2016.

The relevant legal principles on the recognition of possession.

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