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(영문) 서울중앙지방법원 2016.09.28 2015가단5242378
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts without dispute;

A. According to the forest survey report in Pyeongtaek-gun, Gyeonggi-do, Gyeong-gun International Forest Survey report, L residing in K was reported on February 23, 1920.

B. The instant assessment land was changed to the Gyeonggi-do Yang-gun MY 5, 2, 2, 2, and 3,2,000,000, and on February 12, 1969, theO made registration of preservation of ownership on each of the above land.

C. The instant land was divided into the 5th 2th 2th 2th Ma of the Yangju-gun in Gyeonggi-do, and the 1st 8th Ma was divided into the 5th 5th 2th Ma of the Yangju-gun in Gyeonggi-do, and the said land was registered and the 548th Ha was changed, and the instant land was later converted into the administrative district and the unit.

On July 19, 1996, the Defendant completed the registration of ownership preservation on the land of this case.

2. The plaintiffs' assertion and judgment

A. The deceased Q (Death on January 1, 2008) inherited the instant real estate from the deceased O (Death on September 16, 1969), which caused the plaintiffs' claim, and the plaintiffs are the successors of the deceased Q.

The NetworkO acquired the ownership of neighboring land (M) in which L was assessed together with the instant real estate. The deceased Q inherited the instant real estate with the instant neighboring land from September 16, 1969, which was the date of the death of the deceasedO, and possessed and cultivated the instant real estate for at least 20 years as the owner’s intention until January 1, 2008, and acquired the instant real estate by prescription.

On the other hand, the plaintiffs are not real owners at the time of completion of the acquisition of ownership due to the registration of transfer of ownership due to the completion of the acquisition by reason of the lack of finding L or his heir, who is the title holder of the real estate of this case, and the defendant who is not the real owner at the time of completion of the acquisition by prescription, but has the title of registration of transfer of ownership

(b) judgment;

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