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(영문) 광주지방법원 순천지원 2018.06.27 2017가단1992
소유권이전등기
Text

1. In the case of Defendant B, among the 340 square meters in Jeonsung-gun H, Jeonnam-gun H, Defendant C, D, E, F, and G, the respective shares of 2/13.

Reasons

1. Facts of recognition;

A. On May 25, 1915, I was under the assessment of 340 square meters (hereinafter “instant land”). On January 13, 2012, I merged the instant land with Jansung-gun, Jeonsung-gun, Seoul, with the area of 274 square meters (hereinafter “instant land”).

B. In around 1969, the Plaintiff newly built one house on the instant land with the deceased K, a spouse of the Plaintiff (Death on January 27, 1986), and thereafter, occupied and used the said land as its site from around that time.

C. L completed registration of preservation of ownership on the instant land on March 31, 1994 by the former Act on Special Measures for the Registration of Transfer of Real Estate Ownership (amended by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”). L donated the instant land to M on June 27, 200 and completed registration of transfer of ownership on the ground of the said donation on June 28, 200.

The Plaintiff filed a lawsuit against L and M with the Gwangju District Court's Netcheon Branch 2012Gadan17657, and the above court rendered judgment on February 14, 2014 that "I shall make registration of ownership preservation and M shall cancel the registration of ownership transfer," and the above judgment became final and conclusive after dismissal of appeal and dismissal of appeal.

E. In the above case, the court acknowledged that the plaintiff acquired the right to claim the transfer of ownership on December 31, 198 with respect to I on the ground of the completion of the prescription period for the acquisition of ownership.

F. I died on August 19, 1919, and N, the family heir, died on May 24, 198, and N, the heir of N, died on March 18, 2009 and succeeded to the remainder of the Defendants, the spouse of the Defendant B and their children.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of determination, among the land in this case, Defendant B’s share 3/13, Defendant C, D, E, F, and G’s share 2/13 are based on the completion of the statute of limitations for possession on December 31, 198.

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