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(영문) 의정부지방법원 2017.01.13 2016가단16313
소유권이전등기
Text

1. The plaintiff (Appointed)'s claim of this case is all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. D purchased from the E on August 12, 1977 1154 square meters, G field 148 square meters, G field 165 square meters prior to H, and I field 57 square meters and completed the registration of ownership transfer on August 12, 1979 with respect to the above four lots of land (hereinafter “Plaintiff’s land”).

B. D A deceased on May 29, 1981. The heir was the deceased on his/her spouse J and the Plaintiff (Appointed Party) who is his/her spouse, Eul, K, and L. On December 28, 1987, they completed the registration of ownership transfer on the land on May 29, 1981 by inheritance shares listed in the separate sheet of inheritance shares.

C. The Defendant, on May 9, 1997, donated the instant real estate from Cho, Cho Jae-in, and completed the registration of ownership transfer based on the donation on June 7, 1997, and thereafter, Eul died.

The real estate in this case and the land on the part of the plaintiff is adjacent to each other. At present, there is a vinyl house established by M, which leased the land on the part of the plaintiff, while there is no facility, etc. in the real estate in this case owned by the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence No. 4 (including the number with each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. On August 12, 197, the Plaintiff (Appointed Party) asserts that, as the network D purchased the Plaintiff’s land from the network E on August 12, 197, it purchased the instant real estate including the instant real estate. Since the prescription period for acquisition of possession has expired by occupying the instant real estate in peace and public performance with the intention to own it for twenty (20) years thereafter, the Defendant asserts that the Plaintiff (Appointed Party) and the designated parties, who are the heir of the network D, are liable to implement the registration procedure for transfer of ownership due to the completion of the prescription period, according to the respective inheritance shares stated in the attached inheritance shares sheet.

(b) judgment 1; or

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