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(영문) 광주지방법원순천지원 2015.09.24 2014가단73439
소유권이전등기절차 이행
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As of the date of the closing of argument, the Plaintiff is an occupant who occupies the instant land while residing in a building on the ground of 298 square meters (hereinafter “instant building”) in Chungcheongnam-gun, Chungcheongnam-gun as of the date of closing of argument.

B. The Defendant (appointed party, hereinafter “Defendant”) and the designated parties are the owners of shares on the registry of the instant land or the successors of the owners of shares on the registry of the instant land.

The instant land was originally owned D, and on September 15, 1990, E, F, and G, the heir of D on September 15, 1990, with respect to shares of 4/68 of E, H, and Defendant B, with respect to shares of 16/68 shares, H, and Defendant B, with respect to shares of 9/68 shares by Selection, J, Selected K, with respect to shares of 6/68 shares, and with respect to shares of 3/68 shares by L, 3/68 shares by inheritance (the inheritance due to D death on November 20, 196, and the inheritance due to the death of M among co-inheritors on June 9, 1974).

Since then, E, H, F, G, and L were killed, and shares in the instant land by the Defendant and the designated parties regarding the instant real estate are as shown in the column of shares in the list and shares of the designated parties.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 2 through 4, 8 through 19 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment A. The plaintiff asserts that since the her husband's N purchased the land of this case and its ground building from the former owner's O around December 31, 1969, the plaintiff occupied the land of this case with the intention to own it for twenty years from that time, and the acquisition by prescription was completed on or around December 31, 1989, the defendant and the designated parties have the obligation to implement the registration procedure for transfer of ownership based on the completion of the prescription period for possession as to the share out of the land of this case.

(b) The time to commence the occupation, which serves as the basis for calculating the period of occupation, or the title thereof, in determining the point of occupation and acquiring by prescription the real estate of the period of occupation;

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