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(영문) 창원지방법원마산지원 2016.11.09 2016가단101658
소유권확인
Text

1. The Defendants shall acquire by prescription on March 2, 1992, with respect to each of 1/6 shares of 1,325 square meters, among the 1,325 square meters, in Gyeongnam-gun, Gyeongnam-gun.

Reasons

1. Indication of claim;

A. Nonparty I was assessed on July 1, 1913 on the land indicated in Paragraph (1) of the Disposition (hereinafter “instant land”) and the instant land is unregistered.

B. I died on August 28, 1928, and Nonparty J, South Korea, succeeded to Australia.

C. On October 1, 1996, J died after having left the Defendants, who are the bereaved family members, as their bereaved family members.

From March 2, 1972, the Plaintiff occupied the instant land for 20 years from March 2, 1972, and the fact that the Plaintiff occupied the instant land in good faith, peace, and public performance pursuant to Article 197(1) of the Civil Act is presumed to have occupied the instant land.

E. According to the above facts, the Plaintiff acquired the instant land by prescription on March 2, 1992 after the lapse of 20 years from March 2, 1972, and on March 2, 1992. Thus, the Defendants who jointly inherited the instant land are obliged to implement the registration procedure for transfer of ownership on March 2, 1992, with respect to each of the instant land 1/6 shares to the Plaintiff.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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