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(영문) 대전지방법원 2017.05.24 2016가합107183
공탁금출급청구권양도등 청구의 소
Text

1. The Plaintiff, the Defendant (Appointed Party), and the Appointed C, each of the 84,630,710 won, the Appointed D, and E, each of whom is 56,420,470 won.

Reasons

1. Basic facts

A. The plaintiff is a clan with F as a joint ancestor, and the defendant (the appointed party; hereinafter referred to as the "defendant") and the appointed party (hereinafter referred to as the "defendant, etc.") together are members of the plaintiff's clan.

B. On October 30, 1912, the 3,246 square meters in Seo-gu, Seo-gu, Seo-gu, Seo-gu (hereinafter “instant land”) was assessed under the Plaintiff’s name of Dong-gu, Seo-gu, Seo-gu, Seo-gu (hereinafter “instant land”).

On July 21, 1988, the registration of ownership preservation was completed as shown below (attached Table 1) with respect to the land of this case.

On the other hand, the registration of ownership transfer was completed on the same day with respect to each share of No. 1.

[Attachment 1: Details of registration of preservation of ownership on the land of this case] The defendant 12/130 equity 10/130 equity : J, K, L, M 240/130 equity : C (Appointed) 4/130 equity 8/130 equity ; and E (Appointed)

C. The Plaintiff filed a lawsuit against the Defendant, etc. seeking the implementation of the procedure for the registration of ownership transfer on the instant land due to extinctive prescription as the primary reasons for the sale and purchase by the Cheongju District Court 98Kadan21366, and the said court rendered a judgment dismissing the Plaintiff’s claim on April 26, 2001.

Accordingly, the plaintiff appealed to the Cheongju District Court 2001Na2236.

On April 3, 2003, the appellate court sentenced the plaintiff on the ground that the plaintiff acquired the land of this case by prescription (hereinafter "related judgment") to the effect that "as to each share of 12/130 of the land of this case, the defendant and the Appointor C, and the Appointor D, and E, as to each share of 8/130, each of the 130 shares, respectively, the court of appeal declared on January 1, 1960 (hereinafter "related judgment").

The above judgment was finalized on February 17, 2005. D.

The Plaintiff filed a lawsuit against the Defendant, etc. as to partition of co-owned property as to the instant land under Cheongju District Court 2012Kadan9478.

On June 15, 2012, the Plaintiff withdraws the lawsuit and the land of this case.

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