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(영문) 창원지방법원 2015.02.05 2014나7814
소유권말소등기
Text

1.The judgment of the first instance shall be modified as follows:

The Plaintiff indicated the attached Form 3, among the 605 square meters in Ha-dong, Ha-dong, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. The Plaintiff’s mother H (hereinafter “the deceased”) purchased the instant land from G on May 10, 1983 and did not complete the registration of ownership transfer. From that point of view, the Plaintiff died on July 28, 2006 while occupying the said land. The Plaintiff, as a deceased’s person, succeeded to the Plaintiff’s possession of the instant land solely through an inheritance division consultation.

B. Meanwhile, on September 8, 1986, G sold 1,243 square meters and JJ large 51 square meters, which were the land before subdivision of 605 square meters in Ha-dong, Ha-dong, Chungcheongnam-gun, which included the instant land, to the Defendant and the designated parties, and completed the registration of transfer of ownership as to the whole land as the receipt of 9437 on September 10, 1986 by the Changwon District Court subordinate registry office of the Changwon District Court.

C. On January 9, 199, K died on January 9, 199. The Appointor B succeeded to the property of K as its wife, Appointor C, D, and the Defendant, according to the inheritance shares of 3/10 of the Appointor B and C, the Appointor D, the Defendant, according to the inheritance shares of 2/10 of each of 2/10.

[Ground of recognition] The facts without dispute, Gap's statements in Gap's evidence 1 through 3, 6, 8, 10, 13 through 16 (including each number), the appraisal result of the appraiser L of the first instance court, the witness M of the first instance court and N's testimony, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the deceased purchased the land of this case owned by G on May 10, 1983 and died on July 28, 2006 while the plaintiff succeeded to the possession of the deceased and continued the possession of the deceased on May 10, 2003, the total period of possession of the plaintiff and the deceased, who is the former occupant, was 20 years. Unless there are special circumstances, the possessor of real estate is presumed to possess the real estate in good faith, peace, and openly and openly (Article 197(1) of the Civil Act), and thus, the defendant, the designated person, B, C, and D is obligated to implement the procedure for the registration of ownership transfer with respect to each inheritance shares among the land of this case on May 10, 2003 due to the completion of the prescription for the acquisition of possession on May 10, 2003.

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