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1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Basic facts
A. On May 21, 1940, registration of preservation of ownership has been completed in the name of the deceased L on May 21, 1940 with respect to the land prior to the subdivision of this case (hereinafter “land prior to the subdivision of this case”).
Around April 17, 1973, the network N sells to the Plaintiff 258 square meters and P prior to 1,557 square meters (hereinafter “Plaintiff-owned land”) located in the neighboring land of the instant land prior to the instant partition, and completed the registration of ownership transfer in the name of each Plaintiff on April 20, 1973.
On May 2, 2007, the instant land before the instant partition was divided into “48 square meters prior to I”. On February 8, 2010, “157 square meters prior to J” was divided, and “48 square meters prior to I” was converted into a road on May 3, 2007, and “10 square meters prior to K-road” was divided on February 8, 2010. The current status of land is the same as each of the instant real estate (hereinafter referred to as “RR land”).
On the other hand, the deceased on November 15, 2006, and the defendants were deceased on the part of the deceased L's property successors, and the ratio of their inheritance shares as the defendants were 3/13, defendant C, D, E, E, F, and G respectively 2/13. [Grounds for recognition] There is no dispute, Gap 1 or 8 certificates (including each number; hereinafter the same shall apply), the result of the survey and appraisal by the court appraiser S, the purport of the whole pleadings, as a whole.
2. Determination as to the cause of claim
A. The Plaintiff’s assertion L sold the instant land to the deceased M, and the deceased M sold the said land to the deceased N on April 16, 1973. Since the Plaintiff purchased the instant land from the deceased N along with the Plaintiff’s land and occupied it in peace and openly for twenty (20) years with the intent to own the instant land before the instant partition, the acquisition by prescription for the instant land before the instant partition is completed on April 16, 1993, after twenty (20) years from April 16, 1973, the date of purchase. Accordingly, the Defendants, the deceased L’s property heir, are liable to the Plaintiff to implement the ownership transfer registration procedure on April 16, 1993 with respect to each inheritance share of each of the instant real estate.
Judgment
1. Whether it has been occupied for 20 years.