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(영문) 창원지방법원 거창지원 2018.08.14 2018가단10666
소유권이전등기
Text

1. The Defendants: (a) share 21/119 shares in Defendant B; (b) Defendant C, D, E, F, G, and H, among the 1,503 square meters in Gyeongcheon-gun L, Chungcheongnam-gun; and (c) the Plaintiff.

Reasons

1. Indication of claim;

A. On January 24, 1931, M completed the registration of ownership transfer based on sale with respect to the land of 1503 square meters (hereinafter “instant land”). After M died on January 5, 1968, N completed the registration of ownership transfer based on the inheritance due to consultation and division on September 16, 2002. After N died on December 23, 2004, the Defendants completed the registration of ownership transfer on February 2, 2018, with respect to the instant land of this case: (a) the shares of Defendant B, C, D, E, F, H, and H, shares of each 14/19; (b) the shares of Defendant I, shares of each 6/19; and (c) Defendant J and K completed the registration of ownership transfer based on inheritance due to each 4/19 of shares.

B. On November 20, 1945, P, who was the Plaintiff’s father and vice versa, purchased a land of 1503 square meters (hereinafter “instant land”) and died without completing the registration of transfer of ownership. On November 20, 1945, P, which was the Plaintiff’s father and the Plaintiff’s father and the Plaintiff’s son, succeeded to the possession of the deceased P through the agreement on division of inherited property, died on April 2, 1989. The Plaintiff’s mother Q, upon the agreement on division of inherited property, died on November 28, 2012 while he succeeded to the ownership and possession of the instant land through the agreement on division of inherited property. The Plaintiff occupied the instant land by succeeding to the actual ownership and possession of the instant land through the agreement on division of inherited property until now.

C. The Plaintiff’s Chog-dongO purchased the instant land and commenced possession with the intention to own it, and occupied the network P, net Q, and the Plaintiff’s possession with the intention to own it, and the Plaintiff’s fleet and the Plaintiff paid every year property tax, etc. on the instant land. As such, the Plaintiff’s mother Q’s intent to own it, and the acquisition by prescription for possession of the instant land was completed on April 2, 2009, after the lapse of 20 years from April 2, 1989, where the Plaintiff’s mother Q acquired possession of the instant land in peace and openly and openly.

Therefore, on April 2, 2009, Q acquired the right to claim the transfer of ownership on the ground of the completion of the statute of limitations for the acquisition by possession against the Defendants, and the Plaintiff is inherited property.

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