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(영문) 대구지방법원 2018.01.24 2017나303883
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' primary claims are dismissed.

3.The addition has been made by this court.

Reasons

1. Basic facts

A. On April 23, 1941, net M and net Q completed the registration of ownership transfer for each 1/2 portion of each of the 1/2 portion of the J-based Forest land T-based 51 group 2 T-based forest land (hereinafter “instant forest”) on April 23, 1941.

B. The deceased M died on October 24, 1973. On March 3, 1995, the deceased K, the grandchildren of the deceased M, completed the registration of ownership transfer made by inheritance on October 24, 1973 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502, Nov. 30, 1992) with respect to the portion of 1/2 shares of the deceased M among the forest of this case.

C. The deceased on March 20, 2003, Defendant E, as the spouse of the deceased K, succeeded to the rate of 3/11 shares of the deceased K, and the remaining Defendants, as the children of the network K, succeeded to the rate of 2/11 shares, respectively.

Meanwhile, the deceased L was deceased on August 1, 2005, and the plaintiff A succeeded to the third/9 shares as the spouse of the deceased L, and the rest of the plaintiffs succeeded to the 2/9 shares as the children of the deceased L.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 13 (including branch numbers, if any) and Eul's 1, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. At least 20 years have passed from December 31, 1976, the acquisition by prescription of possession of the instant forest was completed as of December 31, 1996, since the deceased L purchased the instant forest from the deceased M around 1960 and had been in possession of the instant forest land in peace and openly with the intent of the owner, such as installing a grave of the deceased Madle O on November 28, 1976 on the instant forest.

Nevertheless, on March 3, 1995, the deceased K, the grandchildren of the deceased M, completed the registration of ownership transfer of the deceased M 1/2 portion among the forest of this case. The Defendants, the inheritors of the deceased K, completed the registration of ownership transfer of the deceased M. Of the shares of the network K in the forest of this case, the Defendants, as the inheritors of the deceased K, shall have 3/9 shares, Plaintiff B, C, and D to the Plaintiff, the heir of the deceased L, who is the deceased L, with respect to the corresponding inheritance shares of each Defendant listed in the

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