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(영문) 창원지방법원통영지원 2020.12.22 2014가단10792
소유권이전등기
Text

1. The Defendants are in relation to each of the relevant shares indicated in the inheritance shares list by the Defendant in the attached Form, among the area of 853 square meters in Si-si.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the claims against Defendant C, D, E, and F, the purport of the entire pleadings is as follows: (a) on March 27, 1941, G G, H, and H completed the registration of ownership transfer as to each of the one-half shares out of the 853 square meters (hereinafter “instant land”); (b) on March 6, 1945, the Plaintiffs’ decedent I was occupying and using the instant land from March 6, 1945, and died on June 17, 1964; (c) the Defendants succeeded the deceased G, H, and H according to the corresponding shares in the shares in the shares of each Defendant’s inheritance for each of the corresponding shares in the shares of each of the Plaintiff’s inheritance for each of the Plaintiff’s shares. (d) the Plaintiffs may recognize the fact that the Plaintiff inherited the deceased I according to each of the corresponding shares in the shares in the attached Form

According to the above facts, it is presumed that the deceased I and their inheritors occupied and used the instant land for at least 20 years, and possessed it in peace and openly with their intent to own. Thus, the prescriptive acquisition was completed around March 6, 1965 after the lapse of 20 years from the date of possession.

Therefore, the Defendants, the deceased G and H’s successors, are obligated to implement the registration procedure for ownership transfer on March 6, 1965 with respect to each of the corresponding shares listed in the inheritance shares of each Defendant listed in the separate sheet of inheritance by each Plaintiff among the land in this case, according to each of the corresponding shares listed in the separate sheet of inheritance by each Plaintiff.

2. The remainder of the defendants' claims

A. From March 6, 1945, the acquisition by prescription was completed around March 6, 1965 from the date when the instant land was occupied by the heir, I, and his heir.

Therefore, the Defendants, the deceased G and H’s successors, are obligated to implement the registration procedure for ownership transfer on March 6, 1965 with respect to each of the corresponding shares listed in the inheritance shares of each Defendant listed in the separate sheet of inheritance by each Plaintiff among the land in this case, according to each of the corresponding shares listed in the separate sheet of inheritance by each Plaintiff.

B. (1) Grounds (1) Defendant J, K, L, M, N,O: Decision by service by publication (Article 208(3)3(2) of the Civil Procedure Act).

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