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(영문) 대구지방법원서부지원 2016.03.30 2015가단19081
소유권말소등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 19, 195, according to the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (amended by Act No. 4775 of Aug. 3, 2994; hereinafter “Special Measures Act”), the registration of ownership preservation for each of the Defendants 1/2 shares was completed in the future.

B. E large scale 185 square meters adjacent to the instant forest land (hereinafter “Plaintiff’s land”) is the Plaintiff’s housing site that is currently used as a residence. With respect to the Plaintiff’s land, the registration of ownership transfer was completed in the name of F, the father of the Plaintiff, on September 3, 1980, and the registration of ownership transfer was completed on October 20, 197 due to the inheritance by agreement division as of September 27, 1992.

C. On March 8, 2013, the Plaintiff asserted that the part of the land in dispute, among the instant forest land, was occupied by the intent of possession for at least 20 years in a peaceful and public performance with the intent of possession by the Plaintiff, while using it as the access road to the house and as a marina, filed a lawsuit against the Defendants on April 4, 1987 or September 27, 2012, demanding the implementation of the procedure for transfer registration of ownership based on the completion of the prescriptive acquisition

(Supplementary branch of the Daegu District Court 2013Kadan6579). D.

On November 27, 2013, the Seogu District Court rendered a judgment dismissing all of the plaintiff's claims on the grounds that there is no sign that clearly distinguish the part of the land in dispute from the remaining part of the land in question from the land in question. The above judgment was finalized on August 29, 2014 through the appellate court (Tgu District Court 2013Na21022) and the final appeal (Supreme Court 2014Da42288) and the final appeal (Supreme Court 2014Da42288).

(hereinafter the above final judgment is referred to as "prior judgment"). [Grounds for recognition] / [The fact that there is no dispute, Gap evidence Nos. 1, 5, Eul evidence Nos. 4, 5, and 6 (including each number), and the purport of the whole pleadings.

2. Judgment as to the main claim

A. The part of the land in dispute over the summary of the argument is purchased from G around April 4, 1967 by the father F of the plaintiff, but the transfer of ownership is not registered.

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