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(영문) 대구지방법원포항지원 2019.02.19 2017가단104765
소유권이전등기
Text

1. Defendant B, D, E, F, H, and I shall enter the Plaintiff in the attached Table 1 of the final inheritance share of the 63m2 in the North-gu J Cemetery at the port of port.

Reasons

1. Indication of claims for determination as to the claims against Defendant B, D, E, F, H, and I: The same shall apply to the grounds for the claims stated in the separate sheet, to the grounds for the modification of the claims stated in the separate sheet, and to the grounds for the modification of the claims

Judgment on Confession (Article 208 (3) 2 of the Civil Procedure Act)

2. Determination as to the claim against Defendant C and G

A. On March 16, 1979, K of the basic facts completed the registration of ownership preservation in its future with respect to the area of 674 square meters of L, North-gu, Northern-si (hereinafter “L land”).

On January 21, 1993, K died, and on June 5, 1995, the plaintiff, who is K, completed the registration of ownership transfer in his future due to the inheritance by agreement division with respect to L land.

On the other hand, M was assessed on July 25, 1913 by J Cemetery 63 square meters (hereinafter “instant land”).

M A. M died on September 27, 1961, and the Defendants were M’ inheritors, and their inheritance shares are as shown in the final inheritance share table.

The instant land is surrounded by L land, and is currently being reclaimed as dry field without a grave installed on the ground of the instant land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, video of Gap evidence 7, purport of whole pleadings

B. The plaintiff asserts as follows.

The Plaintiff’s father K purchased L from N on May 7, 1966 and acquired the instant land together with N, but had never known that the instant land was registered as a separate lot number from L land due to the insignificant relation.

K had been transferred L and this case’s land owned as dry field, and died on January 21, 1993. Since then, the Plaintiff succeeded to L and this case’s land and this case’s land and has been continuously cultivated as dry field.

Even if the network K purchased on May 7, 1966 fromO, it is peacefully and openly occupied, used, and benefiting from around 50 years with the intention to own for about 50 years. Therefore, the Plaintiff is the father of the instant land at least.

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