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(영문) 전주지방법원 2015.10.14 2014가단38793
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased on December 23, 1979, and the plaintiffs jointly succeeded to the network T. The deceased on May 20, 1976, and the deceased on May 20, 1976, the defendant (Appointed Party) and the defendant, the designated parties jointly succeeded to the network U.

The inheritance shares of the plaintiffs, defendants, etc. are as stated in the purport of the claim.

B. B. Before 1960, the network T built a unregistered house on the land of 50m2, 50m2, 50,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

C. Meanwhile, on August 29, 1947, the deceased U acquired the ownership of the instant land, and on September 26, 1974, the V site, a housing site.

On September 30, 1989, the non-party Y purchased the land from the defendant (appointed party) who is the owner of the above site by the non-party Y's heir, and completed the registration of ownership transfer. On December 27, 1995, the plaintiff A completed the registration of ownership transfer for the portion of 50/79 out of the above site's ownership on November 30, 1995.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 7, 8, 9, Eul evidence Nos. 1 through 8, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs alleged that the land of this case was purchased from the deceased T, around the end of 1970, around the end of 1970, and they asserted that the acquisition by prescription was completed by continuously occupying the land of this case from the end of 1970 to the end of 2013.

As to this, the Defendant (Appointed) and the designated parties denied the fact that the deceased U sold the instant land to the deceased T, and they claim that the possession of the instant land by the deceased T and the Plaintiff B constitutes the possession by the owner, and that the prescription for the acquisition by possession is not completed.

B. As to the main claim for judgment, according to the descriptions of No. 2 and No. 10, Plaintiff A.

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