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(영문) 대전지방법원서산지원 2016.04.12 2015가단54006
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 December 23, 1955, the deceased B (Death on December 8, 1959) purchased the “12” out of the D forest in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do from 1976 to 1980 confirmed that the deceased B purchased the above land and paid the price.

B. On March 2, 1956, the Plaintiff’s denial network F (the Plaintiff’s death on June 7, 1978) purchased “No. 11 out of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do” from the head of the Dongon on March 2, 1956.

C. The deceased G, which is the son of the net B, (Death on March 17, 1997), was partially donated from the network B, part of the H land in Chungcheongnam-gun, Chungcheongnam-gun, and part of the I land, acquired from the networkF and occupied and used the J land. The deceased G’s heir completed the registration of ownership transfer for each of the above lands on July 20, 1998 due to the completion of prescription.

The plaintiff is the south of the net F, and the net K (Death in 2012) is the south of the net F.

Attached Form

The land described in paragraph 2 of the list is a net Liber, which is a equal part of the net F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 6, Gap evidence No. 9 (including branch numbers), witness M, N's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The “No. 12” that was purchased from the surface of the network B from the surface of the area B is the current land P, and Q. The network B is each of the real estate listed in the separate sheet in the separate sheet in which the net F, a dynamic F, around 1959, had a funeral for the netF (hereinafter “instant real estate”).

B) The Plaintiff donated the instant real estate to the Plaintiff, the Republic of Korea, around 1978, before death. (2) From around 1978, the Plaintiff occupied the instant real estate by cultivating and managing it, or indirectly occupied the instant real estate through the Dong K, the Plaintiff’s birth.

Therefore, the Plaintiff acquired the instant real estate by prescription.

B. The defendant's assertion that the plaintiff did not possess the real estate of this case, but rather runs away.

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