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(영문) 창원지방법원진주지원 2016.10.20 2016가단30056
소유권이전등기
Text

1. The Defendants are each Defendant indicated in the [Attachment 5] List of Shares in Inheritance (5)] with respect to the Plaintiff with respect to the amount of 1048 square meters in Scheon-si.

Reasons

Basic Facts

In Sacheon-si, K large 1048 square meters (hereinafter referred to as “instant land”) are not registered. The land cadastre is recorded as transfer of ownership on April 26, 1949.

The defendants are the deceased L's successors, and the defendants' inheritance shares are as shown in the attached Form 5.

The Plaintiff’s Bobane net M shall be a wooden house 39.67m2 and 39.67m2 on the instant land around 1940.

6. On June 10, 1998, a 61 square meters of land (hereinafter “instant housing”) was melting and living together.

After the age of net M, the Plaintiff’s family members, including the Plaintiff’s father N and motherO, live in the instant housing and occupy the instant land.

On 2015, the deceased M et al.’s successors, including the Plaintiff, divided the inheritance agreement with the purport that the Plaintiff would own the instant land solely.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including a provisional number; hereinafter the same shall apply), and the plaintiff's assertion M from the deceased L, the inheritee of the defendants, around October 1953, occupied the land of this case in peace and public performance with their own intent since they were dead on June 10, 1998. As such, the plaintiff succeeded to the possession of the above M and has occupied the land of this case until now.

Therefore, the Plaintiff acquired the instant land by prescription on October 31, 1973, when 20 years elapsed from the time when the deceased M was dead from the deceased L on the instant land.

Judgment

According to the above facts, the deceased M can be recognized that he occupied the land of this case for more than 20 years since 1940, which began to live and set up the housing of this case on the land of this case.

A possessor is presumed to have occupied the land of this case in a peaceful and public performance by his own will (Article 197(1) of the Civil Act). If so, on December 31, 1960, the deceased's commencement date of possession of the land of this case becomes 20 years for convenience.

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