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(영문) 대구지방법원경주지원 2020.06.10 2019가단12377
소유권이전등기
Text

1. The Defendants committed on May 22, 2019 with respect to each of the shares indicated in the separate sheet among the 132m2 square meters of U.S. roads in racing to the Plaintiff.

Reasons

1. Indication of claim;

(a) Korea around 1957, around 1957, built X on V and W. At the time of subdivision, part of 455 U.S. P. P. P. P. P. P. on October 1957, Korea will pay the price to the owner of the land before the subdivision.

B. After that, U 455 square meters, U.S. 455 square meters was divided on December 20, 1958 into “40 square meters U.S. Gyeong-si (the daily category was changed to a road; hereinafter the same shall apply)” (the instant land was changed to a road) and “Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si. 415 square meters.”

C. Since December 20, 1958, the Republic of Korea began to occupy and use the instant land as a road. The Plaintiff succeeded to the possession of the instant land on or around February 5, 1963, which was designated as a first-class road, and until now.

On the other hand, on January 13, 1970, the transfer registration of ownership in the name of the deceased AA and the deceased AB was made on the land in this case.

E. On March 28, 2002, the above net AA succeeded to the property by Defendant 1 and Defendant 13 through 20 according to the inheritance shares listed in the annexed Table 2. On May 26, 1993, the above net AB died and succeeded to the property at the inheritance shares listed in the annexed Table 1.

F. Thus, the Plaintiff is deemed to have acquired the instant land by prescription on May 22, 2019 by occupying the instant road for twenty (20) years from May 22, 199 through peace and public performance with its own intent. As such, the Defendants are obligated to implement the registration procedure for ownership transfer on May 22, 2019 for each inheritance share among the instant land to the Plaintiff.

2. As to the remaining Defendants except for Defendant 19 of the applicable provisions of Acts: Article 208 (3) 2 of the Civil Procedure Act (a judgment made by a person deemed as having been a foreigner) against Defendant 19: Article 208 (3) 3 of the Civil Procedure Act (a judgment made by public notice).

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