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(영문) 창원지방법원 2016.11.23 2015나36741
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is KK’s A, and Plaintiff A is Q’s wife, and Plaintiff B, Plaintiff C, Plaintiff D, Plaintiff E, Plaintiff G, Plaintiff H, and Q’s own consciousness.

B. Meanwhile, on May 14, 2016, while the instant lawsuit was pending, F was killed on May 14, 2016, and Plaintiff X, his husband, and Plaintiff Y, his father, took over the instant lawsuit.

C. On March 30, 1981, K completed the registration of ownership transfer with respect to the land of this case 1,775 square meters (hereinafter “instant land”). On May 18, 1984, K died on May 18, 1984, the Defendant solely inherited the instant land through an inheritance agreement division.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. On January 30, 1959, L of the plaintiffs' assertion L of 140 square meters in total, including 78 square meters, 13 square meters, 35 square meters (hereinafter "N land"), and 46 square meters (hereinafter "P land"), among the land in this case, purchased from M of land from 11,12, 13, 14, 15, 16, 32, 33, 34, 35, 36, and 11 of the annexed drawing among the land in this case, the plaintiff succeeded to the lawsuit of this case by taking over the part of 198 square meters (hereinafter "the part of the lawsuit of this case") which connected each point of 78 square meters of the land in this case, and the part of 198 square meters ("the part of the lawsuit of this case"), and the plaintiff's death and succession to the part of the lawsuit of this case by the plaintiff 2, 1959.

Therefore, the Plaintiffs continued to occupy the part of the dispute from December 31, 1986, which Q planted trees, etc. in the part of the dispute, counting from the possession of Q, a prior occupant, with the intention of owning it for at least 20 years, and the acquisition by prescription on December 31, 2006 was completed, and thus, the Defendant continued to possess it in the part of the dispute.

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