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(영문) 대구지방법원 서부지원 2017.03.29 2016가단51204
소유권확인
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Gri land was divided into 2,169 square meters prior to Daegu-gun, Daegu-gun, on September 1, 1996, following the change of land category and the change of administrative district, and was divided into 1,705 square meters prior to D on February 18, 2016, 173 square meters prior to E, and 291 square meters prior to F.

B. As to Gri land, the land register has not been published until now. However, the land cadastre is written that H (Is) as the fleet of the Defendants acquired ownership on December 31, 1949.

C. He died on August 15, 1954 and succeeded to the property rights and obligations of the family heirJ, and thereafter theJ died on October 10, 1979, and the Defendants are the children of theJ.

K, the husband of the Plaintiff (Marriage on June 25, 1970, death on October 24, 2012), constructed the land of this case in February 1974, mentmen and coagum 19phobbs (hereinafter “the instant housing”), and completed the registration of ownership preservation on the instant housing in its name on December 30, 1978.

[Ground of recognition] The fact that there is no dispute, each entry or video of Gap's 1 through 9 (including each number in case of additional number), the result of the surveying and appraisal by the Korea Land Information Corporation, the purport of the whole pleadings

2. Summary of request;

A. On April 30, 1974, K purchased the instant land in KRW 150,00 from J, the husband of the Plaintiff, who was the husband of the primary claim, and newly constructed the instant land on that ground, and completed registration of initial ownership in its name.

Therefore, the Defendants, the heir of J, are obligated to implement the registration procedure for ownership transfer on the instant land to the Plaintiff, who is the heir of K.

B. lack of evidence to prove that the conjunctive claim K purchased the instant land from J

However, the Plaintiff and K have purchased the instant land on April 30, 1974 and possessed it in peace and performance for not less than 20 years with their intention to own it. Thus, the Defendants acquired by prescription on April 30, 1994 for the instant land to the Plaintiff.

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