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(영문) 수원지방법원여주지원 2019.11.28 2018가단2853
소유권이전등기
Text

1. All claims filed by the Plaintiff against the Defendant (Appointed Party) and the Appointors E, F, G, H, and I listed in the separate sheet.

Reasons

1. Basic facts

A. On the land cadastre of this case, K is registered as its owner on the ground of land substitution on December 9, 1980.

B. K resided in a female-gun L, and transferred it to Ma on October 6, 1989, Dobong-gu Seoul Metropolitan Government, and again, on January 26, 1990, K moved into the female-gun L, and died on December 29, 2003.

(hereinafter referred to as “K”). (c) K

The Defendant (Appointed Party), the Appointed Party, H, and I inherited the deceased’s property. On January 25, 2007, N transferred N’s property to the deceased’s wife E, the Appointor F, and G inherited the deceased’s property on behalf of the deceased.

The plaintiff currently occupies the land of this case as a garden, etc.

[Reasons for Recognition: Entry of Evidence No. 1 and purport of the whole pleadings]

2. Judgment on the parties' arguments

A. The Plaintiff asserts as follows. In other words, the Plaintiff purchased the instant land from the Deceased on August 1996, and thereafter occupied the said land with the intention to own it thereafter, the acquisition by prescription was completed on August 31, 2016 after the lapse of 20 years from the starting point of counting a policeman among August 1996. Therefore, the Defendants, the deceased’s property heir, are obliged to implement the registration procedure for the transfer of ownership on August 31, 2016 on each portion of the instant land indicated in the claim for the acquisition by prescription on August 31, 2016.2) Accordingly, the Defendant (Appointed Party) did not only purchase the instant land from the Deceased, nor did the Plaintiff possess the said land for 20 years, but only asserted that the instant land was occupied without permission.

B. As alleged in the Plaintiff’s assertion, it is difficult to believe that the Plaintiff purchased the instant land in August 1996 and possessed the said land for 20 years or more from the time of such purchase, and the witnessO’s partial testimony and evidence Nos. 2 through 5, 7, and 8.

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