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(영문) 서울중앙지방법원 2018.10.25 2017나73220
소유권이전등기
Text

1. The plaintiffs' appeal and the preliminary claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for this Court’s explanation concerning this part of the facts is as follows, and this part of the judgment of the court of first instance is the same as that of “1. Basic Facts” in the judgment of the court of first instance. Thus, this is cited by the main text of Article 420 of the Civil Procedure Act.

Part 3 of the judgment of the first instance court, part 8 and 9 "Plaintiffs" are referred to as "A and Plaintiff B."

(b) On the third and nine pages of the first instance judgment, the following shall be added:

G. “A. A died on March 29, 2018 while the instant lawsuit was pending, and Plaintiff M completed the registration of ownership transfer for shares of 124/2820 of the land, and shares of 124/2820 of the instant land, after division of inherited property on May 10, 2018, following division of inherited property.”

(c)Nos. 10 and 11 of the judgment of the first instance court are as follows:

[Ground for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including each number in the case of provisional number), Gap evidence Nos. 17 through 20 (including each number in the case of additional number), and the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiffs' assertion 1) E and G shared the land before dividing into the real estate register injury according to their respective shares. However, in fact, after E was divided into the land after E and after G specifically occupied the part of 2572 square meters divided into the land after G, and the part of 248 square meters divided into the land of this case since G. 2) H began to possess the land of this case, which was occupied by G, on May 24, 1989, by acquiring the part of the land of this case, which was possessed by G from the land before the division, with the intention of ownership. On December 19, 2003, I and J succeeded to H's possession. On May 24, 2009, the prescriptive acquisition was completed by the lapse of 20 years.

3) In addition, since A and B succeeded to the possession of I and J on April 30, 2015, the entire land of this case has been occupied in a peacefully and openly as their own intent. 4) Accordingly, the Defendant primarily objects to M and Plaintiff B, who succeeded to A, a lawsuit receiver of Plaintiff A, who succeeded to A.

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