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(영문) 광주지방법원 2021.02.18 2020나58044
소유권이전등기
Text

All appeals by the plaintiffs against the defendant are dismissed.

The costs of appeal are assessed against the plaintiffs.

the purport and purpose of the claim;

Reasons

1. Basic facts

A. The deceased E died on June 19, 2007, and the deceased L (Death, April 21, 2016), the network K (Death, January 8, 2004), the network M (Death, August 26, 1983), and the Plaintiffs are children of the network E.

B. On January 14, 1922, the registration for the preservation of ownership of the real estate indicated in the attachment (hereinafter “instant land”) was completed on January 14, 192 in the name of the Defendant’s father, and thereafter on July 25, 1945, the Defendant completed the registration for the transfer of ownership of the instant land on May 30, 2018 due to the inheritance of the property due to the division due to the death of the deceased N on December 28, 1985, after the inheritance of the deceased N on July 25, 1945.

(c)

In the beginning of the 1900s, there is no evidence to know the accurate timing of construction of the first house located at the beginning of the 1900s, but according to the evidence evidence Nos. 7 and No. 1 evidence No. 7, the above first house existed on the ground of the land at least in the early 1900s (O community investigation report was constructed at the beginning of the 19th century).

The reply to the cooperation for the verification of unauthorized Building in 1949 is written, and the above initial house was completed in 1949. This exists, the net K removed it around 1993, and it was a new initial house after the removal, and currently exists on the ground of the land in the state of unregistered registration.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 5, 7, 16, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Summary of the Plaintiffs’ assertion 1) The Network D, the owner of the instant land, sold the instant land to F, and the network E purchased the instant land from F around 1975.

The deceased E purchased the instant land from around 1975 to around 9, 2000, while residing in the beginning house on the instant land from around 1975 to around 2000, directly occupied the instant land.

On the other hand, from May 9, 200 to January 8, 2004, after the net E transferred into a luminous time, the network K from May 9, 200 to January 8, 2004.

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