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(영문) 대구지방법원 영덕지원 2018.05.15 2017가단10614
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. B, the father of the Plaintiff’s assertion, around 1977, purchased each of the lands listed in the separate sheet and the land listed in the separate sheet No. 2 (hereinafter collectively referred to as “each of the instant lands”) listed in the separate sheet No. 1, and died on March 2, 2010, and died on March 2, 201, and the Plaintiff, the inheritor of B, succeeded to the possession of each of the instant lands and leased it to others.

Thus, the plaintiff acquired each of the lands of this case by prescription.

As such, Defendant Nutrition Group, the owner of each land listed in the separate sheet No. 1, as to each of the above lands, is obligated to register the transfer of ownership for each of the above lands after the date of commencement of possession of each of the above lands, and the Defendant Republic of Korea, the owner of each of the above lands listed in the separate sheet No. 2, has the obligation to register the transfer of ownership for the reasons of the completion of the prescriptive acquisition as of January 1, 2015, which was

2. The evidence presented in the instant case alone is insufficient to recognize that B purchased each of the instant land around 1977 and commenced possession from that time, and there is no evidence to acknowledge that B or the Plaintiff occupied each of the instant land.

Therefore, without any need to examine whether the plaintiff's claim based on this premise was possessed with the intention of ownership, it is without merit.

3. In conclusion, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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