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(영문) 창원지방법원 2016.10.18 2015나36642
소유권말소등기
Text

1.On a request for change in exchange at the time of the trial,

A. Defendant Republic of Korea shall be Defendant B and C, Gohap-gun D.

Reasons

1. The following facts are acknowledged in accordance with the following facts: (a) there is no dispute between the plaintiff, the defendant, the Republic of Korea, and the parties; (b) the testimony of the witness E of the first instance court; and (c) the fact inquiry results and the entire purport of the pleadings in the first instance court; and (c) the plaintiff and the defendant B are deemed to have led to confession under Article 150 of the Civil Procedure Act

A. Defendant Republic of Korea completed the registration of initial ownership (hereinafter “registration of initial ownership”) with respect to the area of 992 square meters (hereinafter “the instant real estate”) of the 992 square meters of the D-do Gyeongcheon-gun, Chungcheongnam-gun, Changwon District Court, Joint Registry of the Gohap District Court, No. 42134, Oct. 27, 1994.

B. The Plaintiff, at least from December 31, 1980, occupied the instant real estate from around December 31, 1980, and up to now, has both a poppy and a rice shed on the ground.

C. Defendant B and C are some of F’s co-inheritors, and their inheritance shares are 121/462 (11/42).

2. The parties' assertion

A. On November 27, 1962, F purchased the instant real estate from Defendant Republic of Korea in price of KRW 1,000, and acquired its ownership. F’s co-inheritors inherited the instant real estate share in proportion to their respective inheritance shares.

The Plaintiff acquired the period of prescription by occupying the instant real estate as its owner’s intention for a period of more than 20 years from December 31, 1980.

The Plaintiff holding the F’s right to claim the registration of transfer of ownership due to the completion of each acquisition by prescription against the co-inheritors, seeking the cancellation of the registration of transfer of ownership of this case from the Defendant Republic of Korea as an act of preservation of common property by subrogation of the F’s co-inheritors in lieu of Defendant B and C, who is a some inheritor. Defendant B and C seek the implementation of the registration procedure of transfer of ownership in proportion to their respective inheritance shares

B. The State-owned property sales contract entered into between Defendant F and Defendant Republic of Korea is less than a sales contract.

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