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(영문) 광주지방법원해남지원 2020.08.11 2019가단203047
소유권이전등기
Text

1. As to Defendant C’s share of 25/275 square meters in Jeonnam-gun L, Jeonnam-gun, and as to Defendant D’s share of 150/275, the Defendant.

Reasons

1. Basic facts

A. On November 11, 1938, the deceased M completed the registration of ownership transfer based on sale on October 15, 1938, with respect to 357 square meters (hereinafter “the instant real estate”).

B. Around 1950, the network N purchased the instant real estate and occupied it while cultivating crops from that around that time. As the network N died on November 23, 198, O, his son, who occupied crops from that time while cultivating crops. The Plaintiff A, an son of Plaintiff B and network N, who was an infant of the network P, was the Plaintiff B and network N, from 2008 to 2008, occupied the instant real estate by cultivating worship, math, math, and math, etc. or by leasing it to Q.

C. The deceased on August 15, 1980, and the deceased on August 15, 1980 succeeded to the network M, which is the children of the deceased M, and the Defendant C succeeded to the network M as shown in paragraph 1 of the attached share of inheritance.

On the other hand, the deceased on May 4, 1974, prior to the death of the deceased M. The deceased on May 4, 1974, and the deceased M was succeeded by Defendant E, F, G, H, I, J, and K, as shown in paragraph 2 of the attached Form of Inheritance Calculation Table.

The network R died on November 14, 1983, and the defendant D, a child of the network, succeeded to the network R as shown in paragraph 3 of the Schedule of Inheritance Calculation in the attached Form.

As a result, the final inheritance share in the net M is as shown in paragraph 4 of the attached Table of Inheritance Computation, the shares in Defendant C25/275, the shares in Defendant D 150/275, the shares in Defendant E, F, H, I, J, and K, each 16/275 shares and the shares in Defendant G 4/275 shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, witness T testimony, fact-finding inquiry about U/Myeon Office of this Court, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the plaintiffs occupied the deceased N andO's possession, as well as possession of the real estate of this case from November 28, 2019 to November 28, 199, which served as the date of the lawsuit of this case, possessed the real estate of this case by peace and performance from November 28, 199 to its own will.

Therefore, the Defendants, barring special circumstances, on November 28, 2019, on the instant real estate to the Plaintiffs.

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