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(영문) 광주지방법원 2018.09.13 2017나60139
소유권이전등기
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. On July 3, 1934, the deceased H (hereinafter “the deceased”) completed the registration of preservation of ownership as to G forest land 10,744 square meters (hereinafter “instant real estate”) at the time of inn, Nam-nam, Seoul.

The Deceased died on January 5, 1965, and the instant real estate was inherited by inheritance shares in the future among the inheritors of the Deceased, including the Defendants. As to the shares of the deceased’s successors except the Defendants, M, and N, the ownership transfer registration was completed on January 5, 2016 on the ground of the termination of title trust on December 28, 2015.

After that, on April 8, 2016, the ownership transfer registration was completed on April 25, 2016 on the shares in M's name.

B. The Defendants are the deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s heir, and completed each registration of ownership transfer on January 5, 2016 for the instant real estate on the grounds of inheritance on January 5, 1965.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff asserted that the plaintiff is a clan with a unique meaning that is a joint group of JC A, or has an organic organization as a clan similar organization since January 1, 1990, such as holding a trial festival in the real estate of this case from January 1990 and holding a meeting on January 5 every year.

Since January 1990, the Plaintiff started to be equipped with an organic organization, from January 1, 199 to the present time, occupied, used, and profited from the instant real estate as its owner’s intention, and the prescription period for possession was completed on January 31, 2010 after the lapse of 20 years from the date, the Defendants are obliged to implement the procedure for ownership transfer registration for the instant real estate on the ground of prescription acquisition.

3. Determination

A. Determination as to the legitimacy of the lawsuit (1) The defendant's assertion is unique.

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