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Reasons
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(영문) 춘천지방법원 강릉지원 2018.07.17 2017나31309
소유권이전등기말소 등
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1. Revocation of the first instance judgment.

2. Defendant I is the Chuncheon District Court with respect to the size of 1944 square meters before K in Seocho-si.

Reasons

1. Facts of recognition;

A. The parties to the dispute are the inheritors of L, who died on July 26, 2004 (hereinafter “the deceased”), and the plaintiff A is the wife of the deceased, and the remaining plaintiffs except the plaintiff A are the children of the deceased. The defendant J is the birth of the plaintiff A and the father of the defendant I.

B. 1) Defendant J from 1961 to 194m2 (hereinafter “instant land”). Defendant J is the land of this case.

) A house on the land owned by another person (hereinafter referred to as “Gu house”) adjacent thereto.

(2) At around 1964, N has died and installed N's graves adjacent to the instant land. Defendant J completed registration of preservation of ownership on the instant land on June 30, 1965.

3) Around 1968, O was requested by the deceased to deliver the seals of Defendant J, but did not comply therewith. 4) Defendant J and O family members went to directors around 1968.

5) The Deceased, around 1968, removed the previous house on the land owned by another and the new house on the land of this case (hereinafter “new house”).

6) The Defendants visited N's grave from around 1991 to dypology in the instant land until death. 6) The Defendants visited N's grave to dypology.

7) The Plaintiff A demanded the O prior to the death of the deceased to issue the Defendant J’s certificate of the personal seal impression for the transfer of the instant land ownership, but the O did not comply therewith. 8) The deceased died and the grave was installed adjacent to the instant land.

C. The deceased, from around 1968 to the time of death, is entitled to the registration certificate of the instant land (hereinafter “registration certificate of this case”).

After the death of the deceased, the plaintiff A is in possession of it.

Defendant J applied for re-issuance of the registration certificate of this case in around 2008.

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