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1. The defendant's petition for retrial is dismissed;
2. The costs of the lawsuit following the request for retrial are assessed against the defendant (Plaintiff).
Reasons
1. Basic facts
A. The land of this case (hereinafter “instant land”) was assessed on July 3, 1914 by the network D (the death on March 27, 1939) prior to Chungcheongnam-si, Chungcheongnam-si. The Defendant completed the registration of ownership preservation (hereinafter “registration of ownership preservation of this case”) in the Defendant’s name pursuant to the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (amended by Act No. 8080, Dec. 26, 2006; hereinafter “Special Measures Act”) on May 15, 2006.
B. The net N, as a form of D’s punishment, was in the Republic of Korea, Live P (Death around 1974) and Q (Death on October 5, 1963). The Plaintiff was in the south of Q’s net R (Death on May 26, 2009). The Plaintiff was in the south of Q’s AB (Death on May 26, 2009) and the Defendant was in the south of P’s R2 (Death on or around 1988).
C. The heir of R has the wife, the Plaintiff, V, W, X, X, Y, T, U, and Z. The heir of R transferred to the Plaintiff the share of the right to the land of this case, except the Plaintiff.
The judgment subject to a retrial becomes final and conclusive 1) The Plaintiff filed a lawsuit against the Defendant on October 5, 1983 on the ground that the prescription period for acquiring R’s possession was completed as of October 5, 1983, and that the Plaintiff succeeded to the right to claim for ownership transfer registration based thereon, and the above court rendered a judgment dismissing the Plaintiff’s claim on December 22, 2011. (2) The Plaintiff appealed as the court 2012Na4655, and the Plaintiff voluntarily commenced possession of the instant land from March 1, 1987 to March 1, 2007, and completed the prescription period for the Plaintiff’s possession transfer registration procedure for the acquisition of ownership as of March 1, 2007. This court accepted the Plaintiff’s claim for a judgment subject to a retrial as of December 9, 2012.
3. The defendant.