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(영문) 대전지방법원 2016.12.13 2015가단218713
지상권설정등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The register on the land of this case is written by the Plaintiff, Defendant B, N, andO that the transfer of shares is completed as follows.

5. Sale and purchase on June 30, 1965, 208. 8. 8. 6. 8. 8. 4. 8: 6. 8. 6. 8. 8. 6. 8. 8. 6. 8. 8. 8. 6. 8. 8. 8. 8. 8. 8. 6. 8. 8. 8. 4. 8. 8. 6. 8. 8. 4. 8. 8. 8. 8. 6. 8. 8. 8. 6. 8. 8. 8. 6. 8. 8. 8. 196. 8. 8. 196. 8. 8. 196. 8. 1984. 1987. 25. 1987. 1987

B. On November 22, 1976, the Plaintiff completed the registration of ownership transfer based on the sale as of November 15, 1976, with respect to the instant land building.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) concluded a sales contract on November 15, 1976 with respect to the instant building and acquired superficies thereon on November 15, 1996 on the possession of the instant land for twenty (20) years after the commencement of possession of the instant land. Meanwhile, N, a right holder of the instant land on the registry, died and succeeded to the instant property by the Defendant (Appointed Party) C, Selection, F, G, H, I, and J. And theO died and succeeded to the property by the Defendant (Appointed Party) D, Selection, K, L, and M.

3) Accordingly, the inheritors of Defendant B, N, andO are obligated, as stated in the purport of the claim, to implement the procedure for the registration of creation of superficies on November 15, 1996 on the ground of prescriptive acquisition. B. 1) To recognize the prescription period for the possession of superficies for the ownership of a building on the ground of another’s land, the land should be recognized.

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