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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 마산지원 2018.07.19 2016가단103685
소유권이전등기
Text

1. The Defendants are “final shares in inheritance (15) in the attached Table of Inheritance Shares (15) among the 1,082 square meters in Hagu-gun, Hanam-gun, Hanam-gun.”

Reasons

1. The following facts may be found either in dispute between the parties or in addition to the whole purport of the pleadings as stated in Gap evidence Nos. 1, 2, 5 through 12 (including the number with each number).

In 1935, the Dong AI and the AJ shared the unregistered land of the 1,018 square meters (hereinafter “instant land”).

B. The Defendants, as the successors of the network AI and AJ, succeeded to the ownership shares of the instant land as indicated in each “final inheritance shares” column in the annexed inheritance shares list (15) through the process of the attached inheritance shares list (14) or the inheritance shares list (14).

2. The gist of the Plaintiff’s assertion was around 1935, K purchased the instant land from the network AI and AJ, the land owner of the instant land, and thereafter cultivated the instant land as dry field. Since around 1965, the Plaintiff’s father, who succeeded to the network AK, occupied and used the instant land from around 1965, and the Plaintiff, who succeeded to the network AL, occupied and used the instant land from October 1, 1985.

Therefore, the Plaintiff has occupied and used the instant land in peace and openly for 20 years from October 1, 1985 to October 1, 2005 as the intention to own the instant land. Therefore, the Defendants are obligated to implement the procedure for ownership transfer registration on October 1, 2005 with respect to the instant land.

3. Determination

A. We examine whether the Plaintiff occupied the instant land in peace and openly with the intent to own it for twenty (20) years as of the completion requirements for the acquisition by prescription as to the acquisition of ownership by registration (Article 245(1) of the Civil Act).

B. As to whether the Plaintiff occupied the instant land for twenty (20) years, comprehensively taking account of the entries in Gap evidence 3-1, 2, and 4-1, and the images thereof, and the overall purport of the testimony and pleadings by the witness AM, the Plaintiff’s assistance in the Plaintiff who died on October 3, 1968.

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