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(영문) 대구지방법원김천지원 2016.11.09 2016가단17
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 24, 1968, the net Q (hereinafter “the network”) completed the registration of transfer of ownership on September 5, 1968 with respect to Q 1/4 shares (hereinafter “instant shares”) among the 1,415 square meters and P field 1,336 square meters (hereinafter “instant land”).

B. The deceased died on January 6, 1976. The deceased’s heir is the deceased’s deceased RR (the deceased on February 17, 1995), Defendant B (ma), C, D, L, M and network S, Defendant J (ma), K, and N (ma) as his spouse.

C. The deceased S died on March 4, 2003, and his heir is Defendant F, G, H, and I, the spouse of Defendant E, Defendant F, H, H, and I.

[Reasons for Recognition] Each entry of Gap evidence 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. The plaintiff's assertion

A. As to the primary claim, the share of this case was trusted to the deceased during the process of acquiring a description and answer, the Defendants, the inheritor of the deceased, have the obligation to implement the procedure for ownership transfer registration based on the cancellation of title trust with respect to the share of this case to the Plaintiff.

B. As to the conjunctive claim, the Plaintiff purchased the instant shares on September 5, 1968, and the acquisition by prescription for the instant shares was completed by occupying the instant shares with the intention to own them for at least twenty (20) years thereafter, the Defendants who jointly succeeded and acquired the instant shares by inheritance from the deceased were liable to implement the registration procedure for transfer of ownership due to the completion of the acquisition by prescription.

3. Determination

A. In the case of dispute over the title trust of a certain land between a clan and a clan member for the primary claim, the clan, once registered in the future, has an organic organization to some extent at the time of the completion of the registration of the land.

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