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(영문) 대구지방법원경주지원 2020.05.19 2019가단10364
소유권이전등기
Text

1. The Defendants: (a) on May 2003, each of the pertinent inheritance shares listed in the separate sheet among the land sizeing 711 square meters in Qu Forest in racing-si.

Reasons

Basic Facts

On August 27, 1912, the Defendants’ wire-line R was assessed on Q 711 square meters (hereinafter “instant land”).

The Defendants inherited the instant land in succession and owned each corresponding inheritance shares listed in the current annexed sheet.

Meanwhile, as of May 23, 1983, the land cadastre of this case entered that the ownership of this case was transferred to Dong S. On the other hand, after S died on August 8, 199, all of S’s successors, including the Plaintiff, entered into an agreement on the division of inherited property with the purport that the Plaintiff, i.e., the land in this case and the land in this case, would inherit the right to claim the transfer registration on the ground of sale as of January 21, 2019.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 37 (including each number, if the land number is included; hereinafter the same shall apply), and the plaintiff's plaintiff's assertion of the purport of the whole oral argument. On May 23, 1983, the plaintiff purchased approximately KRW 300,000 of the land of this case from R T, who is the grandchild of R, and cultivated it as a debate around that time, and after the death of S, the plaintiff who is a long-Nam, continues to cultivate and cultivate it.

S made a promise to obtain the registration of transfer of ownership with the co-inheritors's cooperation at the time of purchase of the instant land from T, but later, T did not complete the registration of transfer of ownership because T did not perform it.

However, the Plaintiff succeeded to S’s possession and occupied the instant land in peace and openly for twenty (20) years from May 23, 1983, and thus, sought implementation of the procedure for the registration of ownership transfer based on the completion of the statute of limitations for the acquisition of possession on May 23, 2003 of the instant land.

Judgment

The current Korean Civil Law adopts the form of the public announcement of the acquisition, loss, and transfer of real right to real estate by juristic act only if it has the public announcement method of registration.

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