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(영문) 대구지방법원경주지원 2016.12.20 2016가단11335
소유권이전등기
Text

1. Of each land listed in the separate sheet to the Plaintiff:

A. As to shares 150/600, Defendant A:

B. Defendants B, D, and F shall:

Reasons

1. Facts of recognition;

A. On June 2, 1953, J and K completed the registration of ownership transfer on each one-half portion of the lands listed in the separate sheet (at the time of division and land category change or for convenience; hereinafter “each land of this case”).

B. Since the Plaintiff began to occupy each of the above land for the purpose of using it as L Repair Work site from October 18, 1957, the Plaintiff occupies each of the above land until now.

C. On October 3, 1984, J died, and at the time, Defendant A and N, the wife of which was the heir, Defendant A and N, the married couple.

However, M died on July 2, 1991, N died on August 30, 1990, and N was the inheritor of N, Defendant C and E, who is the husband of N, and the husband of N, Defendant B, D, F, and married father.

And the O died on April 15, 2013.

Accordingly, J’s shares in each of the instant lands were inherited to Defendant A in 150/60, Defendant B, D, and F, respectively, 32/600, Defendant C, and E respectively. 27/600 shares were inherited to Defendant A.

K died on February 9, 2007, and at the time there was Defendant G, H, and I, the heir of his child.

Accordingly, K's share in each land of this case 1/2 inherited 100/60 shares to Defendant G, H, and I.

[Ground of recognition] The respective descriptions of Defendant A, B, C, D, E, and F: Confession (Article 150(3) of the Civil Procedure Act) Defendant G, H, and I: The absence of dispute, Gap evidence Nos. 1, 2, and 3 (including the serial number), the purport of the entire pleadings

2. According to the above facts finding as to the claims against Defendant A, B, C, D, E, and F, the Plaintiff occupied each of the instant lands from October 18, 1957 to twenty years, and it is presumed that the Plaintiff occupied each of the instant lands for 20 years from October 18, 1957, and that the Plaintiff’s possession was of peace and public performance with its own intent. Thus, the Plaintiff’s acquisition by prescription as to each of the instant lands was completed on October 18, 197 after the lapse of twenty years from October 18, 1957.

Therefore, with respect to the Plaintiff’s share of 150/600 among each land of this case, Defendant A, Defendant B, D, and F with respect to each share of 32/600, Defendant C and E with respect to each share of 27/600.

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