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(영문) 대구지방법원안동지원 2020.01.22 2019가단22067
소유권이전등기
Text

1. The Defendant shall acquire by prescription on June 21, 1982 with respect to the Plaintiff’s share of 906/2,264 square meters, among the shares of 4,863 square meters in Pyeongtaek-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) The Plaintiff and the deceased D (the deceased on February 10, 1987, hereinafter “the deceased”) purchased from E on June 18, 1962 shares 1,358/2,264 shares, networkD shares 906/2,264 shares and completed the registration of ownership transfer as of June 20, 1962.

(2) On December 14, 1964, the said F land was divided into KRW 1,471 square meters (in a size converted into a unit; hereinafter “instant land”) prior to G 793 square meters (2,621 square meters converted into a size converted into a unit; hereinafter “instant G land”).

Accordingly, all of the above two parcels of land were the shares of the plaintiff 1,358/2,264 and the ownership transfer registration was made in shares of the deceased 906/2,264.

(3) As the Deceased died on February 10, 1987, the Defendant completed the registration of ownership transfer on February 2, 2018 on the deceased’s share of 906/2,264 out of the instant C land due to a consultation division.

[Ground] Evidence Nos. 1, 5 and 10, the purport of the whole pleadings

B. The following circumstances revealed in Gap evidence Nos. 4, 11, and 15 are as follows: (i) the plaintiff was a farmer in the part of the land of this case from Jun. 20, 1962 to Jun. 20, 1962; (ii) the plaintiff appears to be a farmer in the part of the G land of this case; (iii) the plaintiff paid the property tax, etc. on the land of this case; (iv) the village resident is aware that the land of this case is owned by the plaintiff; (iv) his father I purchased the land of this case; and (v) the defendant did not exercise any right before the completion of the share transfer registration on February 2, 2018. In light of the above, although the plaintiff and the deceased registered the land of this case C and the land of this case as co-ownership, the part of the land of this case is to be owned by the deceased, and the land of this case is owned by E from the deceased.

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