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(영문) 수원지방법원 여주지원 2018.03.20 2017가단1167
소유권이전등기 청구의 소
Text

1. The Defendants shall share one half of the total area of 1,570 square meters in accordance with the share ratio in the attached list of shares in Gyeonggi-si M.

Reasons

Facts of recognition

N andO completed the registration of ownership transfer on March 28, 1949 with respect to each of 1/2 shares in Quyang-gun Pri (hereinafter “Pri”) of the Gyeonggi-si Pri on March 28, 1949.

R and N entered into a sales contract (hereinafter “instant sales contract”) on the level of 475 and level of 3,016 out of Q land on March 18, 1959.

R, T, and U have completed the registration of ownership transfer as co-owners of each share 1/3 on March 30, 1959 with respect to 1/2 shares in the name of S land and Q.

On December 30, 1956, the partitioned Qua land was divided into 400 square meters in V, M 1,570 square meters in total (hereinafter “instant land”) and 1,028 square meters in W.

S Land was divided into 9,603 square meters prior to X on January 24, 1990 and Y-367 square meters.

The plaintiffs in inheritance relation C have received R rights to the land of this case from the Z, the heir of R, and the plaintiff B is the heir of T, and the plaintiff A is the heir of U.S.

The defendants'O died on December 29, 1994, and the defendants are the final successors on the O's property.

The detailed inheritance relationship and inheritance shares shall be as shown in the attached Form.

(Reasons for Recognition) Facts without dispute, entries in Gap's 1 through 5, 8 through 17 (including each number), and the purport of the whole pleadings.

The plaintiffs' primary claims R purchased the entire land of this case from N on March 18, 1959, and N did not complete the registration of ownership transfer only with respect to their shares other thanO's shares among the above land.

R and T/U occupied and used the instant land from around that time, and thereafter thereafter, the Plaintiffs, who were descendants, succeeded to and used the instant land until now. As such, on January 1, 2017, the Plaintiffs acquired the right to claim the registration of transfer of ownership based on the completion of the prescriptive acquisition on January 1, 2017 as to 1/2 of the O shares in the instant land.

Therefore, the Defendants, the final inheritor with respect to the O’s property, are in 1/2 of the shares in the name of O in the instant land to the Plaintiffs.

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