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(영문) 서울중앙지방법원 2016.03.29 2015가합532318
상속회복 청구의 소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant asserted that he had acquired by prescription each of the instant real estate in total of the above land and buildings (hereinafter referred to as “each of the instant real estate”), and filed a lawsuit for ownership transfer registration against the Busan District Court Decision 2012Gahap22993 against the said corporation.

B. On July 26, 2013, the Busan District Court rendered a judgment citing the Defendant’s claim that “F, the Defendant’s husband, commenced possession of each of the instant real estate on October 15, 1945. After F died on March 3, 1951, G succeeded solely to possession and continued possession directly or indirectly, by means of direct or indirect possession. On July 19, 2002, G succeeded to possession by his wife, and the Defendant, the Plaintiff, after H died, succeeded to possession and has been indirectly occupied until now. As such, the Defendant: (a) rendered a judgment citing the Defendant’s claim for acquisition of each of the instant real estate on December 20, 2012 after the lapse of 20 years from December 20, 1992.”

(hereinafter referred to as the “instant judgment”). C.

The Defendant completed the registration of ownership transfer on September 16, 2013, based on the completion of the prescriptive acquisition on December 20, 2012.

G died on July 19, 2002, and H, the deceased, the deceased.

The network G and the network H have plaintiffs, defendants, and I under the chain.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (each number is included; hereinafter the same shall apply), the purport of whole pleadings

2. The plaintiffs' assertion

A. The Plaintiffs, the Defendant, and I acquired 1/5 shares in each real estate by jointly succeeding and continuing possession of each of the instant real estate possessed by the network G. The Plaintiffs, the Defendant, and the I acquired by prescription.

However, the defendant, subject to the judgment related to this case, has independently completed the registration of ownership transfer for each of the real estate of this case, and shall J. 1 billion won of each of the following real estate.

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