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(영문) 창원지방법원 진주지원 2018.01.11 2016가단36405
소유권이전등기
Text

1. The Defendant shall keep in turn each point of the attached Form No. 4-10, 13-15, and 4 among the land size of 223 square meters in Gyeong-dong, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. The Plaintiff is the spouse of the deceased deceased deceased on February 25, 1985.

The defendant is one of the co-inheritors of the network E.

B. The land of this case (hereinafter “instant land”) is the land on March 10, 1914, where the network E was assessed on the part of Gyeong-dong, Chungcheongnam-gun, Chungcheongnam-do. (hereinafter “instant land”).

On April 5, 2007, the defendant completed the registration of ownership preservation on the land of this case according to the agreement on the share of inheritance.

C. The Plaintiff completed the registration of preservation of ownership on May 16, 2007 with respect to the wooden brine and streke roof on the instant land, one-story housing, 48.93 square meters (hereinafter “instant building”).

According to the building ledger and the closed building management ledger of the instant building, the owner of the instant building is the Plaintiff, who has an address in the Hanam-gun F (hereinafter “F”), and around 1924, 32.07 square meters of the wood mix housing and 16.86 square meters of the wood mix housing around 1975.

Of the instant land, the line connecting each point of the 4-10, 13-15, and 4 indicated in the annexed drawing is indicated with the fence and the lower part of the axis of the instant building, and (a) 195 square meters in the relevant ship (hereinafter “instant dispute part”) is used as the site or mail of the instant building.

[Reasons for Recognition] Unsatisfy, Gap 2-4, 23, 24 evidence, Eul 2-1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff succeeded to the possession of the Plaintiff Siber G and his spouse network D, and occupied the instant housing for not less than 20 years retroactively from the time of the instant lawsuit, while residing in the instant housing for not less than 20 years, and occupied it in peace and openly as the owner’s intent to own the instant dispute, the period of prescription for acquisition by possession has expired.

The defendant is obligated to implement the registration procedure for transfer of ownership on the ground of completion of prescription for possession as to the part of the dispute in this case to the plaintiff.

B. Defendant 1) The deceased D, the Plaintiff, and the Plaintiff’s family were residing in F, and there was no fact that they occupied the instant land. 2) The Plaintiff’s mother and female requested the Defendant to sell the instant land, and the Defendant paid the tax imposed on the instant land.

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