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(영문) 광주지방법원 2011.02.17 2009가단76091
소유권이전등기절차이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. As to the land of this case, the Plaintiff’s deceased L, the Plaintiff’s server and the Defendant’s father’s deceased M, the father, completed the joint registration on January 18, 1967 due to the sale as of October 17, 1966.

B. Since Jun. 13, 1989, L died on June 13, 198, M died on August 13, 1995, and thus, the Defendants, a part of M’s inheritors, completed the registration of the land of this case on the ground of division of inherited property.

C. The instant land was first exchanged and cultivated by L and M, and at least from the time when several years elapsed since the date of registration of the combination of land, L were cultivated entirely from the time when the instant land was registered.

From November 18, 1997, when L died while L was dead, from around 1998, the wife dieded, the Plaintiff (L-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 2, 3-2, Gap evidence 5 and 9, Gap evidence 7-1, 2, 4, and 5, part of witness Q's testimony, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff, on August 30, 1986, donated the land of this case on behalf of the husband who suffered a new father certificate on behalf of the plaintiff, he directly occupied and cultivated the land of this case since that time, and the wife died. Since around 1998, the plaintiff indirectly occupied the land of this case by lettingO and P cultivate it. As such, the plaintiff occupied the land of this case with the intention of peaceful and openly owning it for 20 years and completed the prescription of possession on August 30, 2006, the defendants asserted that the registration of ownership transfer should be completed with respect to the land of this case.

B. However, we cannot find that the Plaintiff directly occupied and cultivated the instant land from August 30, 1986 to August 1997.

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