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(영문) 창원지방법원통영지원 2017.11.07 2016가단1853
소유권이전등기
Text

1. The Defendants connected each point of Annex 1, 2, 3, 4, and 1, among the 53 square meters of Annex 53 square meters prior to L in common.

Reasons

1. On December 31, 1977, a network M with recognized facts purchased 357 square meters (N land) and 347 square meters (O land) prior to N in Dong-si (hereinafter “N land”) and acquired ownership of each of the above land around December 31, 197.

On May 22, 2014, the Plaintiff donated N/O land to the network M.

On July 2, 1924, the network P acquired the ownership of 53 square meters of L prior to the Tong-gu L (hereinafter “L land”).

L The land is adjacent to the N andO land, and the network M has cultivated 45 square meters on the part (A) of the ship connected each point of N andO land, which is connected in order to 1, 2, 3, 4 and 45 square meters (hereinafter “instant dispute land”) among L among L land from the time of acquiring the ownership of N andO land.

The deceased M was killed on August 3, 2014, and the deceased M was the deceased’s heir, Q, R, S, T, and U, who is the spouse, and the deceased’s heir agreed on the division of inherited property to inherit the right to the land of this case among the above inheritors.

The net P died on November 10, 1937, and matters concerning the present final heir and his/her inheritance shares are as shown in attached Table 2.

[Reasons for Recognition] Defendant B, I, J, and K: Each entry (including a serial number) in Gap's evidence 1 to 14, and the remainder of the purport of the entire pleadings: Confession

2. The assertion and judgment

A. According to the facts of determination as to the cause of the claim under paragraph (1), it is presumed that the deceased M occupied the land in this case since December 31, 197, and that it occupied the land in peace and performance with the intention of ownership in accordance with Article 197(1) of the Civil Act.

Furthermore, in the event that the registrant continues to be identical during the period of acquisition, it is sufficient to deem the starting point of the acquisition by prescription between where the starting point of the acquisition by prescription is located and only the fact that the period has elapsed. As so, as the Plaintiff seeks, the deceased M acquired the instant dispute land by prescription on March 1, 2014 after the lapse of 20 years from March 1, 1994.

Thus, the defendants, the heir of the network P, are the deceased M.

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