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(영문) 수원지방법원성남지원 2016.07.15 2015가단18151
소유권이전등기
Text

1. The Defendant’s acquisition by prescription on August 30, 2014 on each real estate listed in the separate sheet to the Plaintiff is based on the completion of acquisition by prescription.

Reasons

1. Basic facts

A. The Plaintiff is a foundation established on November 26, 1974 for the purpose of creating and maintaining a park cemetery.

B. On September 27, 1989, C, who is the defendant, completed the registration of ownership transfer of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

C Upon the death of C, the parent-child completed the registration of ownership transfer on April 18, 1994 on the real estate of this case on April 23, 1993 by agreement division inheritance.

On April 3, 2015, the Defendant completed the registration of ownership transfer on March 9, 2005 on each of the instant real estate by reason of inheritance by consultation and division.

C. Each of the instant real estate is currently used as the access road, stone storage yard, and parking lot of the Plaintiff’s park cemetery.

[Ground of Recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings, as to Gap's evidence Nos. 1, 3, 5, 9

2. The assertion and judgment

A. Party’s assertion 1) The deceased C was the owner of each of the instant real estate, but was F, a child due to the network E and de facto marital relationship. At the time, the deceased E was unable to report a marriage in a marital relationship with G, and his/her child was not registered in a certified copy as the deceased C’s child.

After the death of the deceased C, each of the instant real estate was registered as a cause of inheritance to the deceased, and the Plaintiff concluded a sales contract with the network E representing the deceased C on August 29, 1994 with respect to each of the instant real estate.

However, since land category is farmland, it could not acquire ownership in the name of the plaintiff, it was purchased in the name of the network H.

B) Since the Plaintiff purchased each of the instant real estate on August 29, 1994 and then used part of the land as access roads after purchasing the instant real estate, and part of the land was installed as cement packaging, and performed, peace, and possession with the intention to own it as a stone storage yard and parking lot up to the present day, the acquisition by prescription for possession was completed on August 30, 2014) Accordingly, the Defendant’s each of the instant real estate to the Plaintiff on August 30, 2014.

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