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(영문) 서울서부지방법원 2013.08.30 2011가단52546
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 31, 1944, Defendant B completed the registration of ownership transfer on the ground of sale and purchase on March 9, 194 with respect to the land of Ilsan-gu E large 392 square meters (hereinafter “instant land”). On March 28, 1950, Defendant B completed the registration of ownership transfer on February 9, 194 with respect to the share of 400/16470 out of the above land F on March 28, 1950.

B. On February 1, 1992, the parcel number of the above land was changed to Yongsan-gu G. On December 16, 201, Defendant C completed the share transfer registration on the F portion of the above land on January 7, 1967 due to the agreement and division on January 7, 1967. Defendant D completed the share transfer registration on March 3, 201 on the ground of donation on February 25, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 7, the purport of the whole pleadings

2. The assertion and judgment

A. Defendant B and F sold the entire land of this case to H around March 28, 1950. Around around 1962, H was dead while he was occupying a wooden structure house on the above land, and he occupied it by his inheritance. Around 1987, J sold the land and the above ground house to J. On July 22, 1994, when he occupied the above land and the above ground house in peace, openly, openly, and openly, occupied and managed them, the J sold the above land and the above ground house to the Plaintiff on July 22, 1994, and thereafter the Plaintiff cultivated the crops of this case from the land of this case to the present date. Accordingly, the Plaintiff completed the prescription acquisition as to the real estate of this case on December 31, 1987 after summing up the period occupied by J.

Therefore, Defendant B is obligated to perform each of the registration procedures for ownership transfer due to the completion of the acquisition by prescription on December 31, 2007, with respect to the share of 12470/164 of the instant land, and the share of 400/16470 as the heir of Defendant C as the heir of F.

On the other hand, Defendant C has prescriptive acquisition on the instant land.

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