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(영문) 대전지방법원서산지원 2014.11.25 2014가단2299
소유권이전등기절차이행
Text

1. The Defendants:

A. As to the real estate listed in the separate sheet, annexed Form 2.3 on April 25, 1976 on the ground of inheritance as of April 25, 1976

Reasons

1. As to Defendant D

A. According to the statements in Gap evidence Nos. 1 through 10 (including the number of each branch number) as to the cause of the claim, the non-party S shall be the owner on the register of each real estate listed in the separate sheet (hereinafter referred to as "the real estate of this case"), and on September 5, 1970, the network S shall deliver the real estate of this case to the non-party Party T, who is the Dong-in, the Dong-in, and from that time, the plaintiff occupied and cultivated the real estate of this case, the network S died on April 25, 1976, and the defendants inherited the net S in the proportion of the inheritance shares recorded in the non-high column of the inheritance shares of the defendant by annexed Form No. 2.

Therefore, the acquisition by prescription was completed on September 4, 1990 by occupying the instant real property in peace and openly with the intent of ownership for twenty years. Thus, Defendant D is obligated to take the procedure for registration of inheritance for inheritance based on inheritance as of April 25, 1976, and to complete the procedure for registration of ownership transfer for the said inheritance to the Plaintiff on September 4, 1990, on the ground of the completion of the prescription period for acquisition by prescription of possession as of September 4, 1990.

B. Defendant D’s assertion is alleged to the effect that the instant real estate as the owner of the network S ought to be used in the maintenance and management of the oxygen and the winghouse, and thus should not be owned by the Plaintiff’s individual. However, the said assertion alone does not deny the Defendants’ obligation to transfer the ownership of the Plaintiff.

We cannot accept the above defendant's assertion.

2. As to the remaining Defendants

(a)as shown in the reasons for the attachment of the claim;

B. 1) Defendant C and Defendant F: The judgment by deeming confession (Article 208(3)2 of the Civil Procedure Act) was rendered (Article 208(2)2). Defendant B, Defendant E, Defendant G, Defendant H, Defendant I, Defendant J, Defendant K, Defendant M, Defendant N, Defendant N, Defendant P, Defendant P, Defendant Q, Defendant Q, and Defendant R.

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