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(영문) 수원지방법원여주지원 2020.02.19 2017가단5817
소유권확인 및 이전등기
Text

1. The Plaintiff is entitled to indicate “real estate” in the attached list as to each of the pertinent real estate stated therein.

Reasons

1. Indication of claim;

A. On January 1, 2018, the Plaintiff acquired each of the above real estate by prescription on January 1, 2018, by occupying each of the real estate in the “Indication of Real Estate” column in the separate sheet for 20 years or more with the intention to own it jointly and openly.

(A) Although the Plaintiff possesses all the real estate listed in No. 8 of the [Attachment List], it is recognized that the possession is not an independent possession with respect to AA, the holder of the remaining 1/4 shares except the said Defendants’ shares).

The term "the indication of real estate" in the attached list of preliminary claims refers to the Plaintiff’s title trust of each real estate stated in the attached list to its members, and the Plaintiff terminated the title trust by serving a written application for change of claim and cause of claim.

2. Applicable provisions;

(a) Defendant T, Y: Article 208(3)3 of the Civil Procedure Act (a)

B. The remainder of the Defendants: Article 208(3)2 of the Civil Procedure Act (amended by Presidential Decree No. 208(3)2)

3. Partial dismissal.

A. As the primary claim, the Plaintiff is seeking the implementation of the ownership transfer registration procedure with respect to each of the pertinent shares stated in the “Plaintiff’s claim share” in the above list against Defendant K, L, M,V, W, X,Y, and Z with respect to the real estate set forth in No. 8 of the [Attachment] list.

However, the above defendants only own 3/4 shares among the above real estate, and the remaining 1/4 shares are owned by AA, not by the above defendants.

The claim against the above defendants for the execution of the procedure for ownership transfer registration in excess of 3/4 of the above real estate is dismissed.

(The plaintiff's possession of the above real estate is not an independent possession in relation to the shares of AA).

Defendant K, L, M, V, W, X, Y, and Z partially dismissed the primary claim, but the intention of the Plaintiff is not the same as that of the conjunctive claim against part of the dismissal of the primary claim. Thus, the conjunctive claim is not determined.

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