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(영문) 창원지방법원마산지원 2014.11.05 2013가단11297
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 23, 1948, the ownership of G and H was transferred to G on December 27, 1948, and the ownership was transferred to I on December 27, 1964, the registration of ownership preservation was made in the J on December 28, 1964.

B. On March 2, 2013, I died, and on August 5, 2013, heirs, including the Plaintiff, who were children of I, entered into an inherited property division agreement with the content that the Plaintiff succeeds to the right to the instant land on August 5, 2013.

C. The J died on April 18, 197, and the wife died on July 14, 1989, and the Defendants, their children, jointly inherited the instant land.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5 through 10, Eul 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that: (a) around February 1948, he purchased the instant land from G and occupied it in peace and public performance for twenty (20) years; and (b) the acquisition by prescription was completed on February 1968.

Therefore, the Defendants, the owner of the instant land, are obligated to implement the registration procedure for ownership transfer on February 1968, to the Plaintiff, the heir of I, who is the owner of the instant land.

B. Since J purchased the instant land from I and registered the preservation of ownership on December 28, 1964, the Defendants continuously occupied the instant land by J and K, and after J and K died, the Defendants occupied the instant land.

(c) Determination Dominant Gap 1, 3

5. Taking into account the following circumstances acknowledged by the descriptions of No. 8, L’s testimony and the purport of the entire pleadings, namely, the land cadastre of this case, which is described as transfer of ownership in the future on December 27, 1941 ( December 27, 1948), and I’s father M, who was the father of this case, died on October 21, 1948, and I’s mother and the N, who was the wife of M, was alive at the time of death, as well as the father of this case, N or I occupied the land of this case around December 27, 1948.

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