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(영문) 대전지방법원홍성지원 2016.05.24 2015가단2836
소유권이전등기
Text

1. The Defendants are each of the pertinent inheritance shares listed in the attached Form No. 806 square meters among the 806 square meters in Chungcheongnam-nam Budget-gun W.

Reasons

1. Determination as to the plaintiff's claim against the defendant B and D

A. The fact of recognition (1) The Dong X is the owner who completed the registration of ownership transfer with respect to Wing-gun 806 square meters (hereinafter “instant real estate”) in Chungcheongnam-nam Budget-gun.

(2) The Defendants and Y are the final successors of net X (Death on June 30, 1981), and their inheritance shares are as shown in the annexed inheritance shares.

(3) On or around December 23, 1994, the Plaintiff purchased the instant real estate from the DongX-Annam Sea Zone in KRW 3.9 million, and continuously occupied and cultivated the instant real estate since that time.

(4) The Plaintiff paid the total purchase price to the above Z, but did not complete the registration of transfer of ownership.

[Grounds for Recognition: Descriptions of Evidence A (including paper numbers), Witness A's Testimony, and the purport of the whole pleadings]

B. According to the facts of the above recognition of the board, the plaintiff has occupied the plaintiff as his own will in a peaceful and public performance until the twenty years have passed since December 23, 1994.

Therefore, Defendant B and D are liable to the Plaintiff to implement the registration procedure for ownership transfer on December 23, 2014 with respect to each of the corresponding inheritance shares listed in the attached inheritance shares among the instant real estate.

As to this, Defendant B and D asserted that the act of disposal of the real estate in this case was conducted without the consent of the other successors of the network X, so it is invalid. However, there is no evidence to acknowledge it.

C. If so, the plaintiff's claim against the defendant B and D is reasonable, and it is so decided as per Disposition by admitting it.

2. Determination as to the plaintiff's remaining Defendants' claims

A. Claim for the registration of transfer of ownership based on the completion of the prescription period for acquisition of possession of each of the inheritance shares listed in the Defendants’ separate inheritance shares among the real estate in this case where the claim is indicated

B. (1) Defendants E, F, G, H, J, K, L, M, P, Q, S, T, U, and V: Article 208(3)2 (i) of the Civil Procedure Act.

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