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(영문) 대구지방법원 2018.03.22 2017가단108353
소유권이전등기
Text

1. The Defendants are entitled to each inheritance share in the attached Form No. 393 square meters among the total sum of 393 square meters in Daegu-gu, Daegu-gu, and the Plaintiff.

Reasons

1. Basic facts

A. The land of which L is assessed on November 10, 1910 and which was assessed on November 10, 1910, is now unregistered.

B. The above L was killed on April 30, 1934.

The succession process for L's property shall be as specified in the details of the succession, and the defendants' shares in the inheritance shall be as specified in the column of the inheritance shares in the attached Form.

[Ground] Facts without dispute, Gap evidence 1-1 and 2, fact inquiry results by this court, the purport of the whole pleadings

2. The Plaintiff’s judgment against Defendant E, H, I, and J is alleged to have occupied the instant real estate in peace and openly for twenty (20) years from May 8, 1987 with the intention to own the said real estate, and the prescription for acquisition by possession was completed on May 8, 2007. Defendant E, H, I, and J are deemed to have led to confession without an attendance at the date of pleading without submitting a written response to the warden.

Therefore, Defendant E, H, I, and J are obligated to implement to the Plaintiff the registration procedure for ownership transfer on May 8, 2007 with respect to each of the corresponding inheritance shares listed in the inheritance shares in the separate sheet among the instant real estate.

3. Determination as to Defendant B, C, D, F, and G

A. The gist of the parties’ assertion and the said Defendants asserted to the following purport:

1) The Plaintiff’s assistant M, who purchased, occupied, and used the instant real estate from L in 1926, died on January 8, 1945, and thereafter occupied N, the Plaintiff’s father, as the Plaintiff’s son, while continuing to occupy the instant real estate, and developed the instant real estate into orchard from around 1980 as the Plaintiff. After N, as of May 7, 1987, was deceased, the Plaintiff followed the possession of the instant real estate, and is a fruit farmer who harvested the instant real estate from May 8, 1987 to the present. As such, the Plaintiff occupied the instant real estate in peace and openly and openly for twenty (20) years from May 8, 2007, with the intention of owning it.2) The Defendant B, C, and D for a period of 20 (20) years.

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