logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.08.11 2013가단129643
소유권이전등기
Text

1. The Defendants are entitled to inheritance shares listed in the separate sheet of inheritance shares among the 217 square meters of PJ in Gyeyang-gu, Gyeyang-gu, Busan Metropolitan City.

Reasons

1. Facts of recognition;

A. On October 11, 1937, the registration of ownership transfer was completed in Q’s name with respect to the P 217 square meters (hereinafter “instant land”).

B. Q died on March 3, 1970 and succeeded to Q’s property as inheritance shares in the annexed inheritance shares in Q Q, the inheritor of Q.

C. The instant land was connected without any separate boundary with the area of 1,107 square meters prior to the Sinyang-gu, Seoyang-gu, Seoyang-si. S, the owner of the said R was also a farmer of the instant land.

S sold the said R land to T around 1981. D.

T was also a part of the land purchased, and C was a farming shed, and had a warehouse installed on the land of this case and used it for a farming shed. From around 2001, C used the above warehouse as a temporary residential area.

E. From around October 1991, T had established the farmland ledger, had his wife U.S. occupied the instant land, and had been killed on October 26, 2002 while paying taxes on the instant land since before 1999.

The Plaintiff independently inherited the pertinent R land through consultation among successors, and the instant land also occupies the instant land through U by succeeding to the possession of T.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 30 and the purport of the whole pleadings

2. According to the above facts of recognition, since T has occupied the land of this case from around October 1981 as farmland or warehouse site and died around October 26, 2002, the plaintiff succeeded to and used the land of this case until now. On the other hand, if the registrant continues to be the same during the period of prescriptive acquisition, it is sufficient to confirm the fact that the period has elapsed since the starting point of starting the acquisition between two points or at the time when it is possible to claim the completion of the prescriptive acquisition between them. Thus, the total period of one's possession has elapsed after succession to the possession of the former possessor.

arrow