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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On October 22, 1963, the Defendant is the co-owner of the instant land acquired 15.8/247 shares of 247 in the Michuhol-gu Incheon Metropolitan City C large 201 square meters (the land indicated in paragraph (1) of the attached Table; hereinafter “instant land”).
B. On April 3, 1974, the Plaintiff’s partner acquired 110/247 of the instant land from the network D on April 3, 1974, and thereafter acquired the remaining co-ownership shares of the instant land, and thereafter built and used a building listed in the attached Table No. 2 (hereinafter “instant building”).
C. The deceased E died on March 18, 2009, and its inheritors agreed on August 7, 2018 to the effect that the instant land and buildings are owned solely by the Plaintiff. D.
From October 22, 1975, the network E occupied the instant land as the site for the instant building. Since the network E and the Plaintiff’s possession was peace and public performance as the owner’s intent, the acquisition by prescription against the Defendant’s share among the instant land was completed on October 22, 1995.
E. Therefore, the Defendant, the heir of the network E, is obligated to implement the registration procedure for ownership transfer as stated in the purport of the claim.
2. Therefore, even if one co-owner occupies all of the co-owners, barring any special circumstance, it shall be deemed as holding another co-owner's share within the scope of the other co-owner's share ratio (see Supreme Court Decision 95Da51861, Jul. 26, 1996). Thus, in full view of the entries of evidence No. 1-2, No. 1-2, and No. 1-5, No. 1-2, and No. 5 of the Michuhol-gu Office of this Court, and each fact-finding with respect to the Michuhol-gu Office of this Court, the deceased E or the plaintiff occupied more than 10/247 of the land of this case acquired from the network D on April 6, 1974 as the intention to own the remaining share of the land of this case.
or the defendant's share.