logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.11.09 2016가합1540
소유권이전등기
Text

1. The Defendants: (a) on February 9, 2006, on the Plaintiff’s share of 1/2 of the 3,041 square meters in the window of Changwon-si, Changwon-si.

Reasons

1. Facts of recognition;

A. As to Defendant B’s omission and Defendant C’s external third village, F, the external third village of Defendant C (Defendant B’s son’s son), completed the registration of ownership transfer on May 31, 1949 with respect to D 3,041 square meters of Changwon-si’s counter (hereinafter “instant land”).

B. Since around 1949, G, the Plaintiff’s father, cultivated the instant land and died on February 9, 1986, and thereafter, he occupied and managed the instant land by means of succeeding the instant land from G to directly cultivating it, or farming it to H, etc.

C. Meanwhile, the adjudication of disappearance that F was missing on September 1, 1958 and the period of disappearance expired on September 1, 1963 is finalized on March 16, 2010 (Seoul District Court Decision 2007 Ra1228, Changwon District Court Decision 2009B14, Supreme Court Decision 2009S143), and the Defendants succeeded to F’s property by 1/2 equity upon the said adjudication of disappearance.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, and Eul No. 1 (including each number), the purport of the whole pleadings

2. Determination

A. As seen earlier, the Plaintiff occupied the instant land for a period of twenty (20) years from February 9, 1986 when G died, and such possession is presumed to have been peace and public performance by its own will. Thus, barring any special circumstance, the Plaintiff shall be deemed to have acquired the right to claim the transfer registration of ownership of the instant land upon completion of the prescription period for acquisition by possession on February 9, 2006, barring any special circumstance.

Therefore, the Defendants, who inherited F’s property, are obligated to implement the registration procedure for ownership transfer on February 9, 2006 with respect to each of the instant shares of 1/2 of the instant land to the Plaintiff.

B. As to this, the Defendants: (a) as Defendant B’s mother-friendly I began to bring the instant land into possession of the instant land to G who is one’s own partner, G and the Plaintiff’s possession is based on the title that cannot be recognized by its nature; and (b) the Plaintiff is between Defendant B and the Defendant around 2007.

arrow