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(영문) 전주지방법원군산지원 2015.06.09 2014가단12329
소유권이전등기
Text

1. Of each land listed in the separate sheet to the Plaintiff

A. As to the shares of Defendant B, C, and D, each of 8/26:

(b) Defendants E and F.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 6 (including virtual numbers) and the argument as to the cause of the claim, the plaintiff set and lent 25,00,000 won to the Dong G on August 18, 1986 as interest rate of 2%, and the plaintiff agreed on December 1, 1986 to substitute for the repayment of the above loan debt by transferring the ownership to the Dong G and each land listed in the separate sheet (hereinafter "the land in this case"). The plaintiff is occupying the land in this case from January 1, 1987 to March 14, 1990; the deceased G was deceased on March 14, 199, and the deceased died on the deceased's sibling, and the deceased H was deceased on January 13, 2014, and thus Defendant EF, ED 1, B6, and C26, each of which constitutes the heir's shares, and the heir's heir's heir's shares in each case.

According to the above facts, the plaintiff can be found to have continuously occupied the land of this case since January 1, 1987, which was concluded with the deceased G, and it is presumed that the plaintiff occupied the land of this case in good faith, peace, and public performance in accordance with Article 197(1) of the Civil Act. Thus, it is presumed that the plaintiff acquired the land of this case by prescription on January 1, 2007, past 20 years from the date of possession.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on January 1, 2007 with respect to the Plaintiff’s share of the above inheritance among the instant land equivalent to each of the above inheritance shares.

2. If so, each claim against the Defendants by the Plaintiff against the Defendants is justified.

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