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(영문) 대구지방법원 김천지원 2017.03.08 2016가단5388
소유권이전
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On April 22, 1992, the deceased J and Appointor F completed the registration of change of ownership for each 1/2 share of 1/2 share of the land before the division (However, around November 19, 2014, the land before the division was divided into Lba 159 square meters and Mba 232 square meters) under the Act on Special Cases Concerning the Partition of Co-Owned Land.

B. The above building was located on the land before the subdivision, and the building B owned by the deceased J and Appointor. However, the above building occupies the part of “4,” in which the same map is indicated in the attached Form No. 154 square meters and the part “4,” among the part of “2,” and the part “4,” in which the same map is indicated in the attached Form No. 154 square meters prior to I, and the part “2,” and the part “4,” in which the same map is indicated, collectively.

C. On January 6, 2015, G completed the registration of ownership transfer based on a consultation on a public site on the same day with respect to the land of the same day with respect to the land of 154 square meters prior to I on the same day, and on October 19, 2015 with respect to the land of 263 square meters prior to H on the same day, G completed the registration of ownership transfer based on a consultation on a public site on the same day.

The Network J died on April 10, 2006, and the heir is the wife E, the plaintiff and the selected party B, C, F, and D.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3, 5 through 8, and the purport of the whole pleadings

2. As to the main claim

A. The Plaintiff asserted that the Plaintiff acquired the instant land portion on April 21, 2012 after the lapse of 20 years from the Plaintiff and the designated parties, by prescription, on April 21, 2012, since the Plaintiff and the designated parties occupied the instant land portion in peace and public performance from April 22, 1992, which was completed the ownership change registration for the said land before the said partition.

B. Even if the acquisition by possession of the judgment real estate has expired, the possessor may not oppose the third party, unless the registration of ownership transfer has been completed against the third party with respect to the real estate.

(See Supreme Court Decision 97Da56495 delivered on April 10, 1998).

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