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(영문) 창원지방법원 2016.06.23 2015나32527
공유물분할
Text

1. The plaintiffs' preliminary claims added to the plaintiffs' appeal and the trial are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. On March 31, 1918, G forest land was assessed as State-owned land on G 144,992 square meters (hereinafter “instant land”).

B. In the forest land register of this case, H and four other persons acquired ownership in 1930, and thereafter the Defendant’s father I acquired ownership.

C. On February 24, 1971, I completed the registration of ownership preservation on the land of this case, and I died on October 17, 198, and the defendant completed the registration of ownership transfer on April 11, 1989 for the land of this case by consultation and division.

[Ground of recognition] No dispute exists, Gap 2-1, 2-2, and 8's purport and purport of the whole pleading

2. Summary of the plaintiffs' assertion

A. On or before February 1971, I, who is the father of the Defendant’s primary claim, and residents in the same village, such as Plaintiff A, Plaintiff B, Plaintiff C’s father, K, Plaintiff D, and E, jointly purchased the instant land and purchase rocks or large pine trees on or before February 1, 1971, and specify a zone where trees for fire-fighting will be cut on the boundary, but the ownership of them would complete registration in the first future with the largest share.

At least 20 years from April 11, 1989, when the transfer registration of ownership was completed in the Defendant’s future, the Plaintiffs occupied the portion of the land in question, which the Plaintiffs indicated in the primary purport of the claim, by paying property tax, etc. in a peaceful and public performance manner with their intent to own the relevant portion and seeking the implementation of the procedure for transfer registration of ownership. Therefore, the Defendant is obligated to implement the procedure for transfer registration of ownership based on the completion of the acquisition by prescription as stated in the primary purport of the claim.

B. I, the father of the first preliminary claim, and the plaintiffs or their fleets (hereinafter referred to as the "Plaintiffs") specified the ownership portion of the instant land and purchased it jointly. The plaintiffs title trust the instant land to I on February 1, 1971, and I under their name.

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