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(영문) 수원지방법원여주지원 2019.05.02 2018가단5579
소유권이전등기
Text

1. The defendant shall make the plaintiff 1/4 of each of the shares in the column of "site shares" in attached Table 1 among the shares in the attached Table 725.3 square meters in Ischeon-si, Leecheon-si.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by public notice under applicable Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. The remainder of the claim

A. Even if the period of prescription for the possession and acquisition of real estate has expired, the possessor may not oppose the third party when the transfer registration of ownership has been completed with respect to the real estate to the third party while the period of prescription has not been registered.

(See Supreme Court Decision 97Da45402 delivered on July 10, 1998. A claim for ownership transfer registration based on the completion of prescription should be filed against the owner at the time of the completion of prescription. If registration of ownership transfer or registration of ownership transfer based on the completion of prescription is invalidated, in principle, the registered titleholder cannot become the other party to the claim for ownership transfer registration based on the completion of prescription. In this case, the registered titleholder shall seek the cancellation of the above invalid registration in subrogation of the owner, and again seek the registration of ownership transfer based on the completion of prescription against the above owner. Barring special circumstances, it is not allowed to seek the registration of ownership transfer based on the completion of prescription against the third party without seeking the cancellation of the registration of ownership transfer made in the future of the third party, which is null and void.

(See Supreme Court Decision 2002Da43417 Decided May 26, 2005, and Supreme Court Decision 2007Da3070 Decided April 10, 2008, etc.) B.

Judgment

According to the evidence evidence Nos. 1 through 5, as of August 7, 2015, the period of prescription for the Plaintiff’s possession and acquisition of the instant land was completed, the owner of the said land was DoD as of August 7, 2015, and as of December 10, 2016, the deceased DD succeeded to the obligation to transfer the ownership of each 1/4 of the shares in the “site shares” in attached Table 1 among the shares in the said land as the heir of E, the Defendant, F, and G network D, who are their children, as of December 10, 2016.

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