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(영문) 의정부지방법원 2018.05.02 2017나205814
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance (including attached documents), except for those written by the court of first instance as follows. Thus, it shall be cited as it is by the main sentence of

2. Parts to be dried;

A. On No. 3 of the first instance judgment, “D. Registration of ownership preservation and transfer of ownership, and registration of ownership transfer for each of the instant real estate” was entered into “D. Registration of ownership preservation and ownership transfer of each of the instant real estate, and registration of ownership transfer.”

B. Part 3, No. 14 of the first instance judgment, “the cause of inheritance” has been changed to “the following as follows:

C. 3. The Defendant’s defense regarding “3.” The defense that the registration that conforms to the substantive relationship due to the completion of the statute of limitations for the acquisition of possession is a valid portion 2). The judgment is based on the following: (a) even if one co-owner occupies all of the co-owners, barring any special circumstance, the co-owned real estate is deemed to be another co-owner’s possession within the scope of shares held by other co-owners due to the nature of the title, barring any other special circumstance (see, e.g., Supreme Court Decision 2009Da98386, Feb. 25, 2010). In the event the owner of the right of possession by inheritance acquires it, the heir cannot assert his own possession regardless of his own possession unless the heir commences his own possession with a new title; and (b) in the event the possession of the vessel is the owner, the possession of the person who succeeded from the inheritance may not change its nature or attitude; and (c) barring any special circumstance, the owner cannot be held as the owner with a new intent to 200.

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