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(영문) 대구지방법원포항지원 2016.02.04 2015가단7846
소유권이전등기 청구
Text

1. The Defendants are entitled to share indicated in the separate sheet of inheritance shares among the 392 square meters of the 392 square meters of the 392 square meters of the Mapo-gu, Northern-gu.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition are 1) 392 square meters (hereinafter “instant land”) prior to K in Northern-gu, Northern-si, Mapo-si, Mapo-si.

(2) On February 20, 1934, L, which completed the registration of ownership transfer on February 20, 1934, sold the instant land to M. (2) around 1990, M sold the instant land to the Plaintiff at the price of KRW 1.5 million, and from that time, the Plaintiff cultivates the instant land as a garden.

3) Meanwhile, L died on May 24, 1978, and the Plaintiff and the Defendants inherited the network L’s property, such as the list of inheritance shares, as shown in the separate sheet of inheritance shares. [Grounds for recognition] The absence of dispute, Gap evidence Nos. 1 through 5 (including the serial number, the purport of the entire pleadings.

B. According to the above facts of recognition, since the Plaintiff occupied the instant land from around 1990, and the possession of the Plaintiff is presumed to have been performed in a peaceful manner according to its owner’s intent, it is reasonable to view that the prescriptive acquisition of the instant land was completed on December 31, 2010 after 20 years from that time.

Therefore, the Defendants, the heir of the deceased L, are obligated to implement the registration procedure for ownership transfer on December 31, 2010 with respect to the portion entered in the list of inheritance shares in the instant land, among the instant land, for the Plaintiff.

2. The plaintiff's claim is accepted on the ground of its reasoning.

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