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(영문) 대구지방법원상주지원 2015.07.22 2014가단1958
소유권이전등기
Text

1. The Defendants are with respect to each of the final inheritance shares listed in the attached Form No. 888 at the time they stay in the Plaintiff.

Reasons

1. Basic facts

A. The deceased J (Death on February 15, 1969) and the deceased K (Death on December 20, 197) are the punishment against the deceased L (Death on September 2, 1949) and the deceased M.

In addition, the plaintiff is one of the successors of K, and the defendants are the successors or substitute successors of J.

B. On November 30, 1912, L had been under the circumstances of L on November 30, 1912 at the time of permanent residence, the registration of ownership preservation was completed under L’s spouse M on April 15, 1942 (the name of the owner on L’s register is “N”), and the registration of ownership transfer was completed to J under Article 4877 of the Residential Support for the Daegu District Court on the same day (the name of the owner on the register is “O”) and until now the owner is J.

C. The J resided in P in 1947 to Q in 1949. From that time, the instant land was occupied by K and became a dry field farmer.

In addition, from the time when K died on December 20, 197, the Plaintiff occupied the instant land, and caused K to set up a dry field farmer or to use it as a stable.

The Defendants’ inheritance shares, either the successors of J or vice-inheritors, are equal to the shares listed in each final inheritance column in the attached Table.

[Ground of recognition] Defendant F, G, and H: Confession of confession (Article 208(3)2, Article 150(3) of the Civil Procedure Act) written in the Evidence Nos. 1 to 25 (including the number of pages)

2. The judgment is based on the presumption of the possessor’s intent to own (Article 197(1) of the Civil Act). As such, the period of prescription for acquiring the Plaintiff’s possession of the instant land from December 20, 197 to December 20, 197, which was commenced by the Plaintiff from December 20, 197 when 20 years passed since the Plaintiff succeeded to the possession of K, shall be deemed to have expired. Thus, the Defendants are obliged to implement the procedure for the registration of ownership transfer on the ground of the completion of the prescription for acquiring the ownership of each of the instant land’s shares in inheritance on December 20, 197.

3.

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