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(영문) 인천지방법원 부천지원 2017.02.23 2016가단24354
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 7, 1957, the network D owned a 1,002 square meter (hereinafter “instant land”) with respect to the portion of 66/100 of the instant land between E and E on August 7, 1957, and the F and 103/303 shares, respectively, entered into a sales contract with E as to the portion of 66/100 of the instant land. As for the receipt on January 4, 1962 of the Incheon District Court’s fathercheon Branch Kimpo-si, Incheon District Court’s Branch Kimpo-si, and the F completed each registration of the co-ownership under Article 1902 of the same registry office on March 3, 1962.

B. The 66/100 shares of the instant land acquired by E are sold to G on January 13, 1993, in sequential order to the Plaintiff on February 26, 1996, and currently owned by the Plaintiff.

C. The deceased on March 5, 1960, the deceased on March 5, 1960, the deceased’s heir of the deceased, H, I, and J, etc. The Plaintiff is one of the heirs of H who died on March 15, 1973.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) Although the network D intended to sell all of the instant land to E and F at the time of selling the instant land to E and F, the sales share became 66/10,103/30 of the instant land by mistake and became a 660,066/10,000,000 of the instant land, which remains as owned by the network D. (2) G sold to the Plaintiff the 66/100 shares of the instant land as above at the time of selling the Plaintiff’s 66/100 shares of the instant land, but the actual network D shares were owned by the Plaintiff who did not exist, and the Plaintiff believed it and purchased 66/100 shares of the instant land.

3) From February 26, 1996, the Plaintiff purchased 66/100 shares of the instant land from February 26, 1996 to the date, as an ombudsman, possession of the instant land with the intention to own it, and acquisition by prescription was completed on February 26, 2016, with respect to the portion of 660,066/10,000,000 shares out of the instant land, for which 20 years have passed since February 26, 2016, the deceased acquired by prescription on February 26, 2016.

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