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(영문) 전주지방법원남원지원 2020.05.13 2019가단11624
소유권이전등기
Text

As to the Plaintiff’s share of 3/7 square meters among the 1,589 square meters in Jeonbuk-gun E, Jeonbuk-gun, Defendant C and D respectively, 2/7.

Reasons

1. From March 5, 1997 to March 4, 2017, the Plaintiff: (a) occupied the area of 1,589 square meters in Jeon-gun, Jeonbuk-gun for a period of 20 years; and (b) such possession is presumed to have been possessed in peace and public performance with the intent of ownership (Article 197(1) of the Civil Act). The Plaintiff completed the prescription period for acquisition of the above land on March 4, 2017. As such, the Defendants sharing the above land in proportion to the shares stated in the order as at the completion of the prescription period are liable to implement the registration procedure for ownership transfer for the said shares among the above land to the Plaintiff on the ground of the completion of the prescription period.

2. Defendant B and C: Judgment based on the absence of the date for pleading, and the recognition of confession (Article 208 (3) 2 of the Civil Procedure Act). Defendant D: A judgment based on service by public notice (Article 208 (3) 3 of the Civil Procedure Act).

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