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(영문) 대전지방법원공주지원 2016.05.26 2014가단2968
시효취득에 의한 소유권이전등기 절차이행
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. Determination on the cause of the claim

A. On February 25, 1974, the deceased J purchased and occupied the I cemetery 3,295 square meters (hereinafter “instant real estate”) from the deceased K in the official city of official residence.

On December 30, 1996, the deceased L was purchased from the GJ with the real estate of this case and M 106 square meters, N 304 square meters, and O 982 square meters, and paid the balance on January 30, 1997, and possessed and managed it together with the deceased A who is the spouse.

As the deceased L has died on November 16, 2001, one of the heirs of the deceased L has been directly occupied and managed the part corresponding to his own shares in the instant real estate from around that time, and other inheritors have been indirectly occupied through the deceased A in part corresponding to their shares in inheritance.

In addition, the deceased on July 8, 2015, after the filing of the instant lawsuit, the deceased on July 8, 2015, the deceased agreed on the division of inherited property that the deceased’s heir B, P, Q, R, S, and T shall own the instant real estate B around February 1, 2016.

Therefore, from February 25, 1974 to January 29, 197, the deceased J occupied the instant real estate in a peacefully and openly held possession with the intent to own it, and from January 30, 1997 to December 4, 1997, the deceased J occupied the instant real estate in a peaceful and openly held possession with the intent to own it for about 17 years from January 30, 1997, which is the filing date of the instant lawsuit. As such, the Defendants, the heir of the deceased Dong K, who was the heir of the deceased on March 22, 1987, are obligated to implement the registration procedure for transfer of ownership on the instant real estate to the Plaintiff for prescription acquisition.

B. On February 25, 1974, the deceased JJ purchased and occupied the instant real estate on or around January 30, 2007, which was the date of prescription acquisition that was alleged by the Plaintiff, from January 30, 207 to January 30, 1987, and from January 30, 1987, it occupied the instant real estate from around 20 years ago. The deceased L from January 30, 1997, occupied the instant real estate from January 30, 197 to January 30, 197.

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