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(영문) 광주지방법원 2015.12.18 2014가단49697
소유권이전등기
Text

1. The Defendant completed the acquisition by prescription on February 16, 1982 with respect to the Plaintiff’s share of 5/8 square meters in B, 496 square meters in Jeonnam-si, Jeonnam-si.

Reasons

1. Facts of recognition;

A. On April 30, 1957, the non-party C, D, E, and F (hereinafter referred to as "non-party C and three others") purchased from the Defendant for KRW 1,800 square meters G-si 1,481 square meters (hereinafter referred to as "the land before the instant subdivision"), and paid the price in full on February 16, 1962.

B. On December 9, 1998, the land prior to the instant partition was divided into G 557 square meters, H 113 square meters, I large 315 square meters, B large 496 square meters (hereinafter “instant land”) and each of the instant land was divided into 496 square meters (hereinafter “instant land”).

C. As to the land of this case, the registration of ownership transfer was completed on September 1, 1948 under the name of the defendant on December 9, 1998 due to the reversion of rights.

On January 1, 1968, J, the husband of the Plaintiff, constructed a cement brick house of 59.5 square meters (hereinafter “instant house”) on the ground of the instant land, and the name of the owner in the building ledger is written as K, the son.

E. On July 20, 1973, J, the husband of the Plaintiff died, and his wife was his wife and his wife and had K, L, M, and N. On October 7, 1984, K died after having left her wife as inheritor.

[Ground of recognition] The entry of Gap evidence 1, 4, 6, Eul evidence 1 through 3 (including branch numbers, if any; hereinafter the same shall apply), the fact-finding results against the Director of Gwangju Regional Tax Office, the purport of the whole pleadings

2. The parties' assertion

A. One of the buyers of the land before the instant partition is the Plaintiff’s husband, and C, one of the buyers of the instant land before the instant partition, is the deceased on July 20, 1973, who occupied the instant land in peace and openly as the intention to own the instant land from February 16, 1962, and died on July 20, 197. Since the Plaintiff independently inherited the deceasedJ and occupied the Plaintiff’s possession of the instant land, the Defendant is obligated to implement the registration procedure for transfer of ownership on February 16, 1982, for which 20 years have passed since the deceasedJ commenced possession of the instant land.

B. The defendant.

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