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(영문) 창원지방법원밀양지원 2015.10.21 2014가단3797
소유권이전등기
Text

1. On February 22, 2003, the Defendants: (a) on the inheritance shares by the Defendant indicated in the attached Form among Qing-si Qing-si 56§³ to the Plaintiff; and (b) on the Plaintiff’s inheritance shares.

Reasons

On November 18, 1935, the Defendants died after the registration of ownership transfer was completed in the name of the Defendant’s decedent, and R sells the instant land to S.. On March 15, 1962. Since the Plaintiff’s father sold the instant land again on or after the Plaintiff’s death on July 15, 1979, India occupied the instant land and thereafter U.S. occupied the instant land after his wife died on or after his death on February 23, 1983. Since the Plaintiff died on or after his death on February 23, 1983, U.S. recognized the fact that the Plaintiff occupied and managed the instant land together with the Plaintiff’s land owned in the vicinity of the instant land.

According to the above facts, the plaintiff occupied the land of this case from February 23, 1983 to the present date, and such possession is presumed to have been occupied in peace and openly with the intention of possession. Thus, the prescription period for acquisition of the plaintiff's land of this case was completed on February 22, 2003 after the lapse of 20 years from February 23, 1983. Thus, the defendants are obligated to implement the registration procedure for transfer of ownership on February 22, 2003 as to the inheritance shares of each defendant in the land of this case to the plaintiff.

If so, the plaintiff's claim is accepted as reasonable, and it is so decided as per Disposition.

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