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(영문) 대구지방법원 상주지원 2018.01.10 2017가단1522
시효취득을 원인으로 한 소유권이전등기
Text

1. The defendant shall have 3/13 shares and 2/13 shares to the plaintiff (appointed party) among each real estate listed in the separate sheet, respectively.

Reasons

1. On September 28, 1973 and October 6, 1973, the registration of ownership preservation and the registration of ownership transfer was completed in the name of C on September 28, 1973.

C died on October 5, 2013, and the Defendant succeeded to its rights and obligations.

On the other hand, D occupied each of the above immovables from September 28, 1973, and died on March 2, 2017.

The plaintiff (Appointed Party) is the wife of D, and the designated parties are children of D.

As such, since D's possession of each of the above real estate for 20 years is presumed to have been carried out in peace and public performance as its owner's intention, D's right to claim for ownership transfer registration based on the completion of prescription was acquired, and the Plaintiff (Appointed Party) and the designated parties inherited D's right and duty, the Defendant is obligated to perform the above procedure for ownership transfer registration to the Plaintiff (Appointed Party) and the designated parties.

2. Article 208 (3) 2 and Article 150 of the Civil Procedure Act of the applicable provisions of Acts.

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