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(영문) 수원지방법원안양지원 2017.07.14 2016가단109749
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff A7/10, Plaintiff A7/10, Plaintiff A7/10, and 2,000,000,000,000 in 1 Ansan-gu, Manyang-si, Mayang-si, 153.9 square meters in real estate ownership No. 1,53.9 square meters in 2,000,000 for Plaintiff B3/10, and 3,000 square meters in 1/2,000,000,000 in 1/2,000,000,000,000

B. Each real estate of this case is used as an access road of 153.9 square meters in Ansan-gu, Mayang-gu, Mayang-gu, I (hereinafter “the instant I site,” and the remaining sites are also specified as the above lot number) and the relevant ground buildings, building of 158 square meters in Mayang-gu, Mayang-gu, Mayang-si, and building and its ground buildings, and a access road of 2 square meters in Mayang-gu, Mayang-gu, Y

C. On the other hand, the network D (hereinafter “the deceased”) died on January 31, 2017, and Defendant E, F, and G, who are the wife of the deceased, jointly inherited their respective shares in the attached Form 3 inheritance shares.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 3, and 17 evidence (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On July 24, 1967, the deceased sold each of the instant real estate to L, the owner of the instant land, and M, who was the owner of the instant land, for KRW 22,00,00, and L, M, the deceased occupied each of the instant real estate at a public performance and deliberation by his/her own will from that date.

The acquisition by prescription was completed on July 24, 1987, after the lapse of 20 years from July 24, 1967, since the ownership of each of the instant real estate was transferred from L and M to the Plaintiff A, the Plaintiff B, the Plaintiff B, the Plaintiff C, and the Plaintiff C, the ownership of each of the instant real estate was occupied according to their respective shares of 7/20, and the acquisition by prescription was completed on July 24, 1987.

B. In determining the acquisition by prescription 1, the intention of possession, which is the requirement for possession with intention to possess is objectively determined by the nature of the source of possessory right. However, if the nature of the source of possessory right is not clear, it is presumed that the possessor had possession with intention to own under Article 197(1) of the Civil Act.

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