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(영문) 수원지방법원 2019.12.18 2017가단539628
소유권이전등기
Text

1. The Plaintiff’s respective claims against the Defendant (Appointed Party) and the designated parties, and the Defendants are dismissed in entirety.

2...

Reasons

1. Basic facts

A. At 486 square meters (hereinafter “instant land”) prior to K in terms of harmony (hereinafter “instant land”) owned a net L (Death on November 25, 1965).

B. The plaintiff and the defendants have succeeded to the deceased L directly or in succession, and the relationship and inheritance shares of the plaintiff and the defendants are as shown in the attached Form 2 household and the attached Form 3 inheritance shares.

C. In the case of a lawsuit for adjudication on division of inherited property, which was conducted between the Plaintiff and the Defendants with respect to the instant land owned by the deceased and the Defendants, the said adjudication was finalized as it became final and conclusive, on the premise that the instant land falls under the deceased L’s inherited property (Seoul District Court Decision 2016Du515 decided August 22, 2018), and the appeal against the said adjudication (Seoul High Court Decision 2018Du311) and reappeals (Supreme Court Decision 2019S631) were all dismissed.

(hereinafter referred to as “relevant case of division of inherited property”); . [Ground for recognition] The fact that there is no dispute; Gap’s entry of evidence Nos. 1, 2, 9, 23, 24, 104, and 105; substantial fact in this court; and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff seeks implementation of the procedure for ownership transfer registration based on the completion of prescriptive acquisition with respect to part of the instant land against the Defendants.

망 L의 아들인 망 M은 한국전쟁 때 실종되었고, 이에 망 L은 홀로된 며느리인 망 N을 가엾게 여겨 생전에 망 N에게 이 사건 토지 중 200평 상당(별지1 도면 ㈁ 부분에 해당)을 증여하였다.

As above, the network N has increased the part of the land of this case before the generation of the network L, and occupied it frequently and openly, and the Plaintiff was aware that the Plaintiff had increased the number of the land of this case from the network L, a mother-friendly N, from the time of flination.

Although the time of the increase in the number of the instant land from the net L cannot be accurately known, at least November 25, 1965 where the net L died.

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