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(영문) 대전지방법원 서산지원 2018.05.15 2017가단51575
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. R, the land cadastre of P return No. 812 at the time of Jinjin-si, and R, the address of Q from Jinjin-gun, 1910, 43 years old, but the entry is not clear and is deemed to be 42 years old.

6. Six years, 1917, as circumstances were received.

6. 8. Ownership has been preserved on the same day, and on the same day, to T on September 12, 1920, to T, on April 30, 1927, to U.S., each ownership has been transferred, and last, on May 15, 1946, to V, the plaintiffs' own ownership has been transferred.

B. P answer 812, as of May 13, 1991, the P answer 812 square meters was calculated as a result of the substitution of land on May 13, 1991, as a result of the 2,511 square meters (hereinafter “instant land”).

currently there is no registry on the land of this case.

C. As V died on September 13, 2015, the Plaintiffs succeeded to V each of the shares of 1/4.

On the other hand, X with the permanent domicile in Siljin-si W died on August 3, 1955, Y inherited X alone as Australia inheritor.

YA dead on November 25, 1986, Defendant N's spouse, Defendant I succeeded to the family heir's head of Australia, Defendant E, F, G, and H, to the married couple, and the remaining Defendants inherited Y according to the shares in the attached inheritance shares list as unmarried couple.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 and 7 and the purport of the whole pleadings

2. The plaintiffs alleged that the land of this case was occupied by way of directly cultivating V from May 15, 1946 or entrusting the management to the Z that is the birth. Even after the death of V, the plaintiffs, the inheritor of V, continue to occupy the land.

However, the instant land is unregistered land, and the ownership of real estate shall be lost pursuant to Article 10(1) of the Addenda of the Civil Act if it is not registered within three years after the enforcement of the Civil Act. Thus, the owner of the instant land succeeds to R, which is the circumstance of the instant land on its old land cadastre.

The Defendants are based on the completion of the prescriptive acquisition on May 15, 1966 with respect to each of the shares listed in the separate list of inheritance shares in the instant land to the Plaintiffs.

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