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(영문) 청주지방법원 2019.09.20 2019나181
소유권확인
Text

1. The request of the Plaintiff (Appointed Party) and the transfer of ownership that has been changed in exchange in this court.

Reasons

1. Basic facts

A. On March 1, 1939, the network E (hereinafter “the deceased”) acquired the ownership of 304 square meters (hereinafter “land prior to subdivision”) with respect to the pertinent land and F.19 square meters, respectively, on July 14, 1988.

B. Meanwhile, the Defendant, on the other hand, newly built and occupied the instant part of the land, filed a lawsuit against the Plaintiffs and the designated parties, who were the inheritors of the Deceased, seeking the implementation of the procedure for the registration of ownership transfer on the instant land, on the ground that the completion of the prescription or the payment in substitutes was the selective cause for the acquisition by prescription or the payment in substitutes in the district court’s Young-dong branch court.

Accordingly, on June 10, 2016, the above court rendered a judgment in favor of the defendant (appointed parties) and the designated parties (the plaintiffs and designated parties of this case) to the effect that "the plaintiff (the defendant of this case) shall implement each procedure for the transfer registration of ownership based on the completion of the prescriptive acquisition on August 31, 2005 with respect to the land of this case."

C. Accordingly, the Plaintiffs and the designated parties appealed as Cheongju District Court 2016Na2100, but the judgment dismissing the appeal was rendered on January 11, 2017, and again, the Plaintiffs and the designated parties appealed by Supreme Court 2017Da3802, but the said judgment became final and conclusive on August 1, 2018.

(hereinafter referred to as “related civil cases”) d.

According to the results of the relevant civil case, on September 17, 2018, the registration of ownership transfer was made in the name of the defendant on the land in this case.

E. Meanwhile, the Plaintiffs and the designated parties filed a lawsuit for retrial with the Supreme Court Decision 2018Reda23900 on the said civil case, but the petition for retrial was dismissed on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including number ; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiffs' assertion is about the deceased's land before the division.

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