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(영문) 창원지방법원밀양지원 2016.08.23 2015가단1996
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

In around 1956, the Plaintiff purchased the forest of this case from Nonparty O (Death on September 5, 1980) and continuously occupied the forest of this case in a peaceful and open manner until now.

Therefore, since the Plaintiff’s prescriptive acquisition of the instant forest was completed on December 31, 1976, the Defendants, the heir of the deceasedO, are obligated to implement the registration procedure for transfer of ownership on December 31, 1976 with respect to each inheritance share in accordance with the inheritance shares list in the separate sheet as indicated in the separate sheet to the Plaintiff on December 31, 1976.

Judgment

As to the plaintiff's above assertion, the defendant asserts that the plaintiff only cultivated the forest of this case without permission from about 10 years before now, and did not possess the forest of this case for not less than 20 years.

Therefore, we examine whether the Plaintiff purchased the forest land of this case in around 1956 and possessed it up to the present day.

First of all, there are evidence evidence evidence No. 3-1 and No. 2 (Report of Witness). In light of the fact that P, the author of the above witness statement, was present as a witness in this court and testified that he signed without reading the contents of the above witness statement, whether the Plaintiff purchased the forest land in this case, whether the Plaintiff returned from Q in fast-si, the location of the forest in this case, and the time when the Plaintiff created orchard in the forest in this case, etc., it is difficult to believe that each of the above witness statement No. 3-1 and No. 2 (Report of Witness) is inconsistent with the contents of the above witness statement.

Furthermore, even if all other evidence presented by the Plaintiff were examined, it is insufficient to acknowledge the Plaintiff’s above assertion, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s above assertion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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