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(영문) 전주지방법원남원지원 2020.01.08 2019가단10430
소유권이전등기
Text

1. The Defendants: (a) on June 18, 2010, with respect to the pertinent shares in the attached list among the land size of 641 square meters, Jeon Chang-gun L, Jeon Chang-gun, the Plaintiff.

Reasons

1. The Plaintiff’s mother, who was recognized, purchased from N in around 1976, 641 square meters (hereinafter “instant land”) in the Jeonbuk-gun L, Jeon Chang-gun (hereinafter “instant land”) and received delivery, and continuously cultivated the instant land.

M died on June 18, 1990, and the plaintiff continues to occupy the land of this case as the only inheritor of the deceased M.

On the other hand, N died on May 23, 1984, and Defendant B, C, D, E, F, G, H andO are the successors of the network N.

The O died on September 22, 1993, and Defendant I, J, and K are the successors of the deceased.

The Defendants are co-ownership of the instant land in proportion to the shares in the attached list as the heir of the network N and networkO.

[Grounds for Recognition] The main text of Article 150(3) and the main text of Article 150(1) of the Civil Procedure Act

2. According to the above facts of recognition, the Plaintiff’s possession of the instant land as the sole heir of the deceased M was recognized from June 18, 1990 to June 18, 2010, which began to occupy the instant land for twenty (20) years from June 18, 2010, and such possession is presumed to have been possessed in peace and public performance with the intention of possession (Article 197(1) of the Civil Act). Since the acquisition by prescription for possession of the instant land was completed on June 18, 2010, the Plaintiff was presumed to have completed, the Defendants sharing the instant land at the corresponding share in the attached list as at the time of completion are liable to implement the registration procedure for ownership transfer for the said share among the instant land to the Plaintiff.

3. Conclusion, the Plaintiff’s claim against the Defendants is justified and accepted.

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