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(영문) 창원지방법원진주지원 2017.10.17 2015가단32444
소유권이전등기
Text

1. The Defendants shall pay to the Plaintiff each share in the final inheritance share in the attached Table 2 among the land listed in the attached Table 1.

Reasons

1. Basic facts

A. On November 5, 1941, the registration of ownership preservation was completed in the name of Nonparty A with respect to the land listed in the separate sheet No. 1 (hereinafter “instant land”). However, Nonparty AB occupied and cultivated the said land from the end of November 1, 1986.

B. Nonparty AB died on August 11, 199, and Nonparty AB decided to inherit the instant land solely after consultation among co-inheritors, and occupied the said land by succession from Nonparty AB. On January 201, 2015, Nonparty AC died, and the Plaintiff, AD, AE, AE, and AF, who were co-inheritors of AC, succeeded to the instant land solely by the Plaintiff, around February 2017.

C. The Defendants inherited AA as shown in the inheritance share table in the attached list 2.

[Ground of recognition] Defendant B: A without dispute, each entry of Gap evidence Nos. 1 through 6, the purport of the whole pleadings, defendant G, N: Article 208(3)3 of the Civil Procedure Act (amended by service by public notice): Article 208(3)2 of the Civil Procedure Act (amended by the judgment of the court below)

2. According to the above facts of recognition, since the acquisition by prescription of possession on December 1, 2006 passed 20 years from the end of November 1, 1986 after AB commenced possession of the land of this case, the acquisition by prescription of possession on December 1, 2006 was completed, the Defendants are obliged to implement the registration procedure for transfer of ownership on December 1, 2006 by the heir AC with respect to the inheritance shares in the attached list 2 of this case among the land of this case to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable and it is so decided as per Disposition.

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