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(영문) 창원지방법원통영지원 2016.09.07 2015가단26169
소유권이전등기
Text

1. The plaintiff (appointed)'s claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. At Sysi-si B Forest land B (hereinafter “the instant forest”) was owned by Japan F [the original name was G, but as the real estate register form was changed after H was named as H, it was recorded as F in the current real estate registration register while entering it in I, F] but thereafter purchased a network M on October 7, 1959 by J, K, and L.

B. After the purchase of the instant forest land, the deceased M occupied and used the said forest land as its owner’s intent, such as collecting fire tree in the said forest land, planting the tree tree, and planting the spouse N’s tomb around September 1973.

Since October 27, 1978, the deceased M, the heir of the deceased M (designated parties, hereinafter referred to as the "Plaintiff") and the designated parties store the deceased M seedlings in the forest of this case, developed part of the forest land as dry field, cultivated crops by developing them as dry field, and paid property tax, etc., continue to occupy the forest of this case.

C. As above, from October 7, 1959, the forest of this case occupied the forest of this case in peace and openly with the intention of the deceased M, and after the death of the deceased M, the Plaintiff and the designated parties continue to possess the forest of this case by succeeding the possession of the deceased M. Thus, the acquisition by prescription on October 7, 1979 was completed.

Therefore, the defendant, who is the owner on the registry of the forest of this case, is liable to implement the registration procedure for transfer of ownership due to the completion of acquisition by prescription according to his respective inheritance shares.

2. Determination

A. According to the overall purport of the arguments and arguments, Gap evidence Nos. 1, 6, 9, 10, and Eul evidence Nos. 2, and Eul evidence Nos. 1, 6, 9, and 2, the deceased on Oct. 27, 1978. The deceased on Oct. 27, 1978 had the plaintiff, the designated parties, and theO (the inherited portion is the plaintiff 6/16, theO and the designated parties C, and 1/16, respectively). ② The forest of this case was the forest of this case as of March 28, 1929 by Japan F on March 27, 1929.

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