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(영문) 창원지방법원거창지원 2017.05.16 2016가단11382
소유권이전등기
Text

1. The Defendants, as indicated in the separate list of Defendant shares, shall each be entitled to the Plaintiff’s final inheritance among the 347 square meters in the O-gun of Gyeongnam-gun.

Reasons

1. Indication of claim;

A. In order to operate a P and a swine breeding farm, the Plaintiff purchased a 4,562 square meter and a building on land for Qageage in Gyeongnam-gun, Q2 and a building on land around October 13, 1996 and operates a farm up to the present day.

B. On October 13, 1996, the Plaintiff: (a) purchased 572 square meters (the land category was changed to a building site on May 6, 2015) and 347 square meters (hereinafter “instant real estate”) of Gyeongcheon-gun, Gyeongcheon-gun in order to use the said real estate as a swine farm; and (b) occupied and used the instant real estate in peace and openly with the intention of acquiring it from the heir of S; and (c) used it as a residence of the Plaintiff and her husband around June 2015, and used it as a residence of the Plaintiff and her husband.

C. On June 8, 2013, the Plaintiff transferred ownership from Defendant B, who completed the registration of ownership transfer in a single name with respect to RR 572 square meters through an inheritance division consultation, but the instant real estate was unregistered, and has not yet received the registration of ownership transfer.

S died on January 20, 1957, and on January 20, 1957, Australia’s heir succeeded to the property solely, but on September 13, 1998, India died, and the Defendants succeeded to the shares of ownership according to the final inheritance shares on the land of this case stated in the separate list of the Defendant’s inheritance shares.

Since October 13, 1996, the Plaintiff had occupied the instant real estate in peace and openly with the intent to own it for 20 years or more from October 13, 1996, the Defendants, the inheritors of S, are obligated to implement the procedure for ownership transfer registration for reasons of the completion of the prescriptive acquisition on October 13, 2016 to the Plaintiff.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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