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(영문) 춘천지방법원원주지원 2017.07.05 2016가단31045
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the H’s wife, and the rest of Plaintiffs are H and Plaintiff A’s children.

H Ministry of Justice is I, and I's Ministry is J.

J died on August 15, 197; I died on September 23, 1993; H on April 11, 2009.

B. Defendant D is the wife of K, and the rest of the Defendants are the children of K and Defendant D.

on February 8, 1964, K completed the registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant real estate”) and died on September 6, 1981.

The Defendants, as the inheritors of K, succeeded to the respective 3/10 shares of Defendant D and E among the instant real estate, and the respective 2/10 shares of Defendant F and G, respectively.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 to 5 (including each number; hereinafter the same shall apply), the purport of whole pleadings

2. The assertion and judgment

A. On February 8, 1964, J purchased the instant real estate through K on February 8, 1964, and K completed registration of initial ownership in its name without permission.

J and children I and I's children H have owned and managed this case's real estate.

H on November 23, 1994, there is a fact that he applied for the issuance of a confirmation document, attaching a certificate to guarantee that he is the owner under the former Act on Special Measures for the Registration of Ownership of Real Estate.

H From November 23, 1994 when filing an application for the issuance of the above certificate, he/she occupied the instant real estate as the intention to own it in good faith and negligence. Since H died on April 11, 2009, the Plaintiffs, the inheritor, followed possession. As such, the statute of limitation was completed on November 23, 2014 when 20 years elapsed since November 23, 1994 when possession of the instant real estate was commenced.

Therefore, the Defendants, K’s heir, are obligated to implement the registration procedure for ownership transfer on the instant real estate on the ground of the completion of the acquisition by prescription.

(b) Each of the statements or images of Eul evidence Nos. 2 to 6, witness L and M, respectively;

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