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(영문) 청주지방법원 충주지원 2017.04.27 2016가단3785
소유권이전등기
Text

1. The Defendants shall pay to the Plaintiff the corresponding share in the separate sheet No. 2 of each real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. Each of the real estates listed in the separate sheet No. 1 (hereinafter “each of the instant real estates”) was completed on April 14, 197 in the name of U, V, and W on April 14, 197.

B. Following the death on April 30, 1986, V succeeded to the shares of Defendant G (No. 6/69 shares), Defendant H, I, J (No. 4/69 shares), and X (No. 1/69 shares), which are their children. ② The shares of the Y (No. 6/345 shares), already died, were inherited by Defendant Q (No. 6/345 shares), Defendant R (No. 6/345 shares), Defendant S, and T (No. 4/345 shares), each of which was the heir’s spouse, and the shares of the Defendant L, M, N,O (No. 1/276 shares).

C. In addition, as U died on December 18, 1996 and his spouse’s spouse’s death, ① Defendant B (1/6 shares) and AA (1/6 shares) inherited their shares, and ② Defendant C, D, E, and F (1/24 shares each inherited their shares upon the death of March 30, 2003 by AA.

In addition, as W W died on June 16, 200, the defendant K succeeded to his share by consultation and division.

E. The Plaintiff has occupied each of the instant real estate from around 1970 to the present time.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is as follows: (a) the Plaintiff occupied each of the instant real estate to U,V, and W in peace and public performance with his intention to own it for twenty (20) years after the title trust was held by U,V, and the acquisition by prescription was completed on April 13, 1997; and (b) the Defendants, the heir of U,V, and W, are liable to implement the procedure for ownership transfer registration to

B. The gist of Defendant B, C, D, E, and F’s assertion is that the Plaintiff has no legal capacity, or that the Plaintiff obtained the legal capacity to do so on or around January 14, 2010, and the instant land is below the Act on Special Measures for the Registration, etc. of Real Estate Ownership.

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