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1. The Plaintiff, among the real estate listed in the separate sheet,
A. As to the shares of Defendant A 28/598:
B. Defendant B shall be 164.
Reasons
1. Basic facts
A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by I from around 1945.
B. I died on March 9, 1972, and the final inheritance relationship is as shown in the [Attachment Succession] List.
C. Each of the instant real estates is part of the “K” located north of J Park, and each of the said real estates was incorporated into the LAD construction section due to a change of land category on December 20, 1958, from the time of incorporation into a road around December 20, 1958. The Plaintiff occupied and used each of the instant real estates as a road.
【The grounds for recognition】 Defendant A, D, E, F, G, and H: The purport of the entire pleadings, as a whole, a confession (Article 150(3) of the Civil Procedure Act)
2. Determination
A. We examine the judgment on the claim against Defendant A, D, E, F, G, and H, and claim that the Plaintiff occupied each of the instant real estate in an independent, flat, and public performance for twenty (20) years from December 20, 1958 and acquired prescription. The Defendants are deemed to have led to confession as to the above alleged facts. Thus, the Defendants are obliged to implement the registration procedure for transfer of ownership on the ground of the completion of the acquisition by prescription on December 20, 1978 with respect to each of the instant real estate.
B. According to the judgment as to the claims against Defendant B and C, the Plaintiff’s possession of each of the instant real estate from around December 20, 1958 to 20 years is recognized, and the Plaintiff’s possession is presumed to be possession of independence, peace, and performance. Thus, barring any special circumstance, the Plaintiff acquired the ownership of each of the instant real estate on December 20, 1978 after the lapse of 20 years from December 20, 1958. Therefore, the Defendants also have the obligation to implement the registration procedure for ownership transfer on December 20, 1978 with respect to each of the instant real estate as to the inheritance shares.
As to this, Defendant C shall be the Plaintiff.