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(영문) 수원지방법원 2016.05.27 2015나30074 (1)
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s father C is the Gyeonggi-do Leecheon-gun, Gyeonggi-do 119.4 square meters [limited to U.S. hereinafter] owned by the Plaintiff.

(E) On September 16, 1988, the land size of 149 square meters in E is deemed to be the instant land size rearrangement (hereinafter “instant land size rearrangement”).

As of April 21, 1989, F.F. large 119.4 square meters on the gift on November 22, 1993, the registration of ownership transfer was completed under the Plaintiff’s name on the ground of voluntary auction on December 30, 2003, and the registration of ownership transfer was completed under the Plaintiff’s father C’s name on the ground of voluntary auction on December 30, 2003. On March 25, 201, C was killed on March 25, 201, and the registration of ownership transfer was completed under the Plaintiff’s name on the ground of inheritance by agreement division on May 12, 201.

B. On February 1, 1989, I 94 square meters, which had been H-owned, was replaced with JJ 198.5 square meters, and the land was replaced with M 14.6 square meters on March 8, 1990 by M 14.6 square meters.

C. C transferred to E on April 16, 1983, and continued to reside after E was replaced by F and until E died.

The plaintiff transferred to E on May 9, 1990, and after F's substitution, he has been continuously residing until now.

In Gyeonggi-do, B road B was replaced by the Defendant upon completion of the instant partition rearrangement, and the Defendant made a registration of preservation of ownership on September 21, 198.

[Ground of recognition] The facts that there is no dispute, Gap evidence 1 through 8 (including each number, if any), Eul evidence 1, and the purport of the whole pleadings

2. Judgment on the assertion of the prescription period for the acquisition of possession (main claim)

A. At the time of the instant partition adjustment, the Plaintiff’s father C occupied approximately 20 square meters in part (A) of the ship (hereinafter “instant land”) connected with each point of 1, 2, 3, 4, and 1 among the areas of 84 square meters on the instant road B at the time of the instant partition adjustment. C is entitled to the Plaintiff’s heir, who is the heir of C, until he/she dies from September 16, 1988 to March 25, 201, which is the time of the completion of the instant partition adjustment.

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