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(영문) 전주지방법원 남원지원 2018.10.24 2018가단10228
소유권확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion that H TW 143 level (hereinafter “instant real estate”) was owned by the deceased I, the original father of the Plaintiff’s evidence. This constitutes “hyyang forest within the scope of one information pertaining to a tombstone” as stipulated in Article 1008-3 of the Civil Act.

Therefore, the Plaintiff, a third party, finally acquired the ownership of the instant real estate through the network I, the network J (Plaintiff’s assistance), and the network K (Plaintiff’s assistance).

In addition, the Plaintiff occupies all of the instant real estate from January 1, 1978.

Therefore, among the real estate in this case, the remaining Defendants except Defendant B and Defendant B are obligated to implement the procedure for ownership transfer registration on January 2, 1998, with respect to the share of 3/16 and 2/16, respectively.

2. Determination

A. According to the Plaintiff’s assertion, the instant real estate was owned by the Plaintiff’s original evidence. The instant real estate corresponds to “gold-yang forest within one information pertaining to a tombstone” as stipulated in Article 1008-3 of the Civil Act. If the Plaintiff ultimately acquired the ownership of the instant real estate as a manufacturer, the Defendants are not the owner of the instant real estate from the beginning.

In such a case, the Plaintiff cannot seek implementation of the procedure for ownership transfer registration against the Defendants.

(If all of the above matters are true, the defendants can seek confirmation of ownership of the real estate of this case. However, the plaintiff clearly expresses his intent to seek implementation of the procedure for registration of ownership transfer).

Therefore, it is difficult to grasp what meaning the Plaintiff’s assertion on the acquisition by prescription is, even if the Defendants assumed that they own any shares that are possible to dispose of the instant real estate (e.g., where the instant real estate is not a gold forest within one information pertaining to a tombstone), a person who owns some shares in the instant real estate is not only the Plaintiff and the Defendants, but also the deceased I’s heir.

However, there is a problem.

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