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(영문) 전주지방법원 남원지원 2018.11.21 2016가단11487
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. A. Around February 5, 1972, Plaintiff E purchased 33 square meters of land D in Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant land”), H site and I site from G, a relative by marriage of F, around February 5, 1972. The Plaintiff E completed the registration of ownership transfer only with respect to the remaining land, other than the instant land, out of the said three lots of land around 1980.

On December 3, 1966, J, the husband of the Plaintiff, purchased the K site from its owner on December 3, 1966, and was fully donated by E on August 20, 1980 the land of this case and the H site and three lots of land.

However, the J completed the registration of ownership transfer in around 1981 for the K site among the above four parcels of land, and around 1995 for the I site, and the registration of ownership transfer was not completed for the instant land and H site.

On the other hand, I's land was merged into the K site in 1995.

J around 193, around the instant land and K site, newly constructed a house listed in the list [Attachment] on the instant land and K site (hereinafter “instant house”). On September 2, 1998, the Plaintiff completed the registration of ownership transfer on the ground of donation made on September 2, 1998 by the head of the Jeonju District Court, Suwon District Court No. 6917, Sept. 2, 1998.

As such, the land of this case was used as the site of the housing of this case since 1993, and 20 years have passed since J succeeded to the possession of the land of this case which the plaintiff continued.

In the instant case where there was no change in the owner of the instant land, the Defendants, F’ heir (two of the four co-inheritors) are liable to each Plaintiff to implement the procedure for ownership transfer registration on January 1, 2014 with respect to the portion of 1/4 shares, which is the share of inheritance, among the instant land.

B. The Defendants are the successors of F, and the existence of the instant housing is recognized.

However, F does not sell the land of this case to E or J.

The plaintiff occupied the land of this case without permission only.

The Plaintiff’s possession is not an independent possession.

2.

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