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(영문) 대구지방법원 2015.06.19 2013가단54342
소유권보존등기말소 등
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The defendant shall use the land and buildings listed in the attached list No. 2.

Reasons

1. Facts of the dispute

A. The I and J completed the marriage report on April 24, 194, and under the slock, the Plaintiff A, the Defendant (sons), the Plaintiff B (sons), the Plaintiff C (sons), and the Plaintiff D (sons) were placed in order.

I died on March 6, 1988, while J died on January 18, 2013.

B. On October 31, 2007, the land indicated in paragraph (1) of the attached Table No. 1 (hereinafter “H land”) and 134 square meters in the Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Cheongdo-do-gun, and the registration of ownership preservation (hereinafter “registration of ownership preservation”) was completed as of May 9, 2008 by the Daegu District Court’s Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, and Gyeongdo-gun, Cheongdo-gun, and the Defendant’s ownership preservation (hereinafter “instant registration”).

C. On July 16, 1993, the registration of ownership transfer has been completed in the Defendant’s future on the following grounds: (a) the land indicated in paragraph (2) of the attached Table No. 2 and the wood string roof housing, 19.17 square meters and 19.17 square meters and 25.79 square meters and 25.79 square meters (hereinafter referred to as “L and buildings”) of a string roof housing among the above land and the above-mentioned building.

A 25.79 square meters of a bridged roof house located on the land of L, which was located on the ground of L, is removed on July 27, 1997, and a single-story house (hereinafter “new-built house of this case”) was completed on October 2, 1997, and remains in the present state of not being registered.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-12, 2-1-3, 6-125, Eul evidence 1, and the purport of the whole pleadings

2. Determination as to the main and conjunctive claims for the land listed in Paragraph 1 of the Attached List

A. Registration of preservation of ownership in the name of the defendant with respect to the land H in the summary of the plaintiffs' claim 1 is registration of invalidity of cause.

H Land was occupied and used as a peacefully and openly cultivated land for twenty (20) years after the deceased I purchased land from N who was donated the land to M, who is an assessment title, by the deceased I, and the acquisition by prescription was completed on March 1, 198.

The plaintiffs, as co-inheritors of I, are based on the completion of the acquisition by prescription from I.

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