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(영문) 대구지방법원영덕지원 2016.09.27 2014가단4816 (1)
소유권이전등기
Text

1. The Defendants are attached Form 2.3 to the Plaintiffs with respect to the shares indicated in attached Table 1, among the shares of 1,147 square meters in the 1,147 square meters prior to the

Reasons

1. Facts of recognition;

A. A Q completed the registration of ownership transfer of the instant real estate on or around April 20, 1922. (2) A Q died on or around January 18, 1972, and succeeded to A Q’s property in succession order after the Defendants died, and succeeded to it as shown in the attached Table 1.

C. A, at the latest from around 1985, has occupied and managed the instant real estate by directly forming a farmer’s house in the instant real estate or leasing the instant real estate to a Seongdong-mixed Co., Ltd. (2) A died on July 16, 2015 while the instant lawsuit is pending, and A inherited the Plaintiffs’ property according to the shares in the attached list 2.

[Based on recognition] The plaintiffs and defendant AE, AF, AG, AH, AI, AO, AJ, AM, AM, and AK (hereinafter "Defendant AE, etc."): The absence of dispute; each description or image of Gap 1 through 14 (including each number); witness AR's testimony; the purport of the whole pleadings; the relationship between the plaintiffs and the remaining defendants: by service by public notice (Article 208 (3) 3 of the Civil Procedure Act); or by a judgment based on deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

2. The possessor of the cause of the claim is presumed to have occupied the real estate in good faith, peace, and public performance with his own will (Article 197(1) of the Civil Act). In the calculation of the period of prescriptive acquisition, the initial date of the commencement of possession shall be determined at the time when the owner can assert the completion of prescriptive acquisition if the owner is not changed (see, e.g., Supreme Court Decision 97Da44089, Apr. 14, 1998). According to the foregoing facts, A, at the latest, occupied the real estate for twenty (20) years from December 31, 2005, in peace and public performance with the intention of possession as of December 31, 2005, and thereby, the prescriptive acquisition of the real estate in this case was completed.

Therefore, the defendants are not required to do so unless there are special circumstances.

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