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(영문) 광주지방법원 2019.10.16 2018가단13580
소유권이전등기
Text

1. Each Plaintiff, among the 179 square meters in the Republic of Korea, Defendant C shall have 3/13 shares, Defendant D, E, F, G, and H, respectively.

Reasons

1. Facts of recognition;

A. On December 17, 1976, the Plaintiff married on December 30, 197 with the deceased J (Death on May 29, 1997) and continued to occupy the said land as a housing site in collaboration with the deceased J, jointly with the Plaintiff, while living in cement block block structure housing 48.1 square meters and its affiliated 26.4 square meters on the ground, from February 17, 1976, the Plaintiff occupied the said land as a housing site.

B. On August 20, 1981, the Network K, which acquired the ownership of the instant land, died on December 22, 1999, and Defendant C is the wife of the Network K, and the rest of the Defendants are each children.

C. The deceased J’s heir agreed on the division of inherited property to hold by the Plaintiff the right to the instant land and the instant ground housing.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, 12 through 16 (including paper numbers), the witness's testimony, and the purport of whole pleading

2. Determination

A. According to the above facts, the Plaintiff and the deceased J occupied the instant land from February 17, 1976 to twenty (20) years. Under Article 197 of the Civil Act, the Plaintiff and the deceased J were presumed to have occupied the instant land in a peaceful and public manner with the intent to own the instant land during the above period, and the acquisition by prescription on February 17, 1996 was completed.

As such, among the land in this case, Defendant C is obligated to implement the procedure for the registration of ownership transfer on February 17, 1996 with respect to the share of 3/13 in each of the land in this case, and the remaining Defendants are obligated to implement the procedure for the registration of ownership transfer on the ground of completion of acquisition

B. As to this, the Defendants: (a) from February 17, 1976, the deceased J and the Plaintiff only resided in the said domicile after making a move-in report to the Manyang-gun, Nanyang-gun from February 17, 1976; and (b) did not occupy the said land, but occupied the said land on the instant land.

Even if the deceased K used the above land to the deceased J without compensation, it is argued that the possession of the Plaintiff and the deceasedJ is the possession of the other State.

According to the statements in Gap evidence Nos. 4 and 10, the plaintiff 17 February 17, 1976 and the deceased J on October 20, 1968.

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