logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 영덕지원 2018.10.30 2016가단4995
소유권이전등기
Text

1. The Plaintiff: (a) the Plaintiff is of 459 square meters in the territory of Yong-gu, Chungcheongnam-gun;

(a) As to Defendant N’s share 5,040/100,80:

B. The defendant U.S. 2.

Reasons

1. Around 1970, the deceased BA (hereinafter “the deceased”), the husband of the instant claim, purchased a 459mm2 (hereinafter “instant land”) from the deceased person with BBC gender, and then donated the said land to the Plaintiff on March 8, 1974, immediately before the death.

From around that time, the Plaintiff occupied the land in a peaceful and public manner with its intention to own it, and thereafter the period of prescription for the Plaintiff’s possession of the land of this case was expired on March 8, 1994.

Meanwhile, due to the death of BC, the nominal owner of the instant land, the Defendants succeeded to the shares of the instant land, as indicated in the [Attachment] List.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on March 8, 1994 with respect to each of the shares stated in the corresponding column of “final shares of heir and inheritance” among the instant land by the Plaintiff.

2. Determination as to the claim against the Defendants other than Defendant N, U,W, X, and AX (hereinafter “Bus Defendants”).

A. The remaining defendants' assertion lost possession of the land of this case while living in the vicinity of the land of this case for about 40 years prior to the expiration of the statute of limitations. The plaintiff's right to claim the transfer of ownership of the land of this case was extinguished due to the expiration of the statute of limitations even if the acquisition by prescription was not completed.

B. The possession of an article to determine whether a person has possession for twenty (20) years refers to the objective relationship that can be deemed to have a factual control over any person under the concept of society. In order to have a factual control, it is not necessarily based on whether the article is physically or practically controlled, but is excluded from the temporal and spatial relationship between the article and a person, the principal right relationship, and the control of another person.

arrow