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(영문) 청주지방법원충주지원 2016.11.23 2016가단20605
소유권이전등기
Text

1. As to the shares of 48/1296 of each of the real estate listed in the separate sheet No. 1. List to the Plaintiffs, Defendant C on August 12, 2008.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant C are children of L and M.

The plaintiffs and M completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case") on December 24, 1987 by reason of donation dated December 31, 1987.

B. M was married between L on January 9, 198 and L on August 13, 198, followed by N on August 13, 198 and died on June 2, 2004.

C. N died on March 9, 2015, and his/her children areO, P, Q, Defendant D, and E.

However, on April 27, 1974, P had already died on November 12, 2003, and his spouse had Defendant I, J, and K.

In addition, Q Q also died on August 11, 2012, and there are children of Defendant F and G.

[Grounds for recognition] The descriptions of Gap evidence 1 to 5, 8, 9, 11 to 16 and the purport of the whole pleadings

2. The gist of the plaintiffs' assertion was that the plaintiff received 1/3 shares of each of the instant real estate from M on August 13, 1988, and thereafter, he/she occupied it in peace and openly and openly as his/her own intent from that time, and that the acquisition by prescription was completed on August 12, 2008, and accordingly, he/she sought against the defendants the implementation of the procedure for registration of transfer of ownership of each of the instant real estate by inheritance shares.

3. Determination

A. The fact that the Plaintiffs, as to the claim against Defendant C, donated 1/3 shares of each of the instant real estate from M on August 13, 1988 and occupied each of the instant real estate with intent to own it from that time. The fact that Defendant C’s inheritance shares of each of the instant real estate are 48/648 shares is no dispute between the Plaintiffs and the Defendant C.

According to this, the acquisition by prescription was completed on August 12, 2008 after 20 years from the beginning of possession of the plaintiffs.

Therefore, Defendant C shall implement the registration procedure for transfer of ownership based on the completion of acquisition by prescription with respect to each of the instant real estate (i.e., 48/648 x 1/2) against each of the instant real estate.

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