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(영문) 청주지방법원영동지원 2017.07.21 2016가단5039
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer for the land of this case on April 8, 1975, based on sale as of February 25, 1975.

B. The deceased D’s registration of preservation of ownership, etc. of the instant building 1) network D (hereinafter “the deceased”).

(2) On January 5, 1975, the deceased completed his business registration with the trade name of “Emisium” (hereinafter “Emisium”), and thereafter operated the above misium from around that time, and the location of that misium becomes land.

3) On August 27, 1981, the Deceased completed a move-in report to the “F of the Chungcheongnamcheon-gun, Chungcheongnamcheon-gun.” (4) On May 25, 1994, the Deceased completed the registration of the ownership transfer on the land of this case as to a wooden string, string, roof, one story, one story, and 31.4 square meters on the ground of the instant land, and a wooden bring, one story, and 75.7 square meters on the bring, one story, one story, and one story (hereinafter “instant building”).

C. (1) The Deceased died on August 30, 2016, and the Plaintiff solely inherited the Deceased. (2) The Defendant completed the registration of ownership transfer on the instant building on November 8, 2016 due to inheritance on August 30, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, 5, 6, 9, and Eul's 1 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. The parties' assertion

A. From January 5, 1975, the Deceased’s summary of the Plaintiff’s assertion: (a) from around January 5, 1975, the instant building was operated as the place of business to operate the instant remains; (b) occupied the instant land in peace and performance with the intent to own the instant land; and (c) completed the move-in report until August 27, 198

In addition, after the Deceased died on August 30, 2016, the Plaintiff succeeded to the said possession, and the Deceased and the Plaintiff occupied the instant land for at least 20 years.

Therefore, the Defendant, who is the title holder of the instant land, shall be the Plaintiff for 20 years from the date of the said move-in report.

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