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(영문) 인천지방법원 2020.02.12 2019가단244675
소유권이전등기
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 11, 1930, Nonparty 1 F completed the registration of ownership transfer with respect to the land of 777 square meters (hereinafter “instant land”).

B. The Defendant is the spouse of the net G, the grandchildren of the net F.

2. The Plaintiff’s father He purchased KRW 400,00 from the network G that inherited the instant land from the deceased F around 1981, and occupied and used the instant land from around that time to around 2013 by cultivating, occupying, and using bean, shoulder, and path in the instant land. Since the deceased’s death around 2013, the Plaintiffs, the inheritor, were cultivating, occupying, and using the instant land.

Therefore, the Plaintiffs inherited the right to claim ownership transfer registration based on the completion of the prescriptive acquisition of the instant land, and the Defendant, his spouse due to the death of the deceased G, succeeded to the obligation to transfer ownership of the instant land.

Since the Defendant’s inheritance shares among the deceased F’s statutory successors are 234/1365, the Defendant is obligated to implement the registration procedure for ownership transfer on December 31, 2002 with respect to each of the instant shares of 117/1365 of the instant land to the Plaintiffs.

3. In light of the respective descriptions of evidence Nos. 2-1 through 4 as stated in the evidence Nos. 7-1 through 4, as seen above, it is difficult to believe that the Plaintiff’s father, around 1981, purchased the instant land and it was consistent with the fact that the deceased H and the Plaintiffs occupied and used the instant land from that time, and that the Plaintiff’s father’s father, up to that time, possessed and used the instant land (i.e., the entry of evidence Nos. 2-1 through 4 in the evidence Nos. 7-1 through 4). (ii) The entry of evidence Nos. 4 in the evidence No. 2-1 through 4 was found on March 15, 2014 at the time of the boundary restoration survey conducted with respect to the instant land by the Defendant at the time of March 15, 2014, it does not appear to have raised an objection

Therefore, the plaintiffs' claims are filed.

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