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(영문) 창원지방법원진주지원 2017.05.16 2016가단9120
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of descendants who jointly set up Dmph E of 24 years of age as a joint ancestor.

B. The real estate of this case is equipped with five tombs for the plaintiff's ancestor, including the plaintiff's ancestor Eul's tomb, and the plaintiff's clan members laid the tombs for the above grave and laid the tombs in front of the above grave.

C. The instant land was owned by Nonparty F on September 8, 1914. The registration of ownership transfer in the Defendant’s name was completed on July 25, 1994 under the Defendant’s Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502). As the network G died on April 20, 2015, the registration of ownership transfer in the Defendant’s name was completed on October 12, 2015.

[Reasons for Recognition] Unsatisfy, the purport of the entire pleadings as stated in Gap evidence 1 to 4 (including each number)

2. Judgment on the primary purport of the claim

A. The Plaintiff’s assertion is the Plaintiff’s land owned by the Plaintiff under the F’s name on September 8, 1914. Since the Plaintiff installed the Plaintiff’s grave on the said land and occupied it in peace and openly, the Plaintiff’s claim was made on July 25, 1994, at least the starting point for which the net G’s preservation of ownership was completed, and the prescriptive prescription on the said land was completed on July 24, 2014.

Therefore, the defendant should implement the registration procedure for ownership transfer based on the completion of the acquisition by prescription to the plaintiff.

B. As to the acquisition by prescription for one real estate, the intention of possession, which is the requirement for the possession with intention to possess is objectively determined by the nature of the source of possessory right which is the cause of the acquisition by possession, and the possessor is presumed to possess as his own will under Article 197(1) of the Civil Act only if the nature of the source of possessory right is not clear. However, the person who installs or owns a grave on another’s land, barring any special circumstances, shall be required to preserve and manage

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