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(영문) 창원지방법원밀양지원 2015.05.13 2013가단2483
소유권이전등기
Text

1. The Defendants: (a) on each co-owner’s share indicated in the separate sheet of 621 square meters in JJJ, Gun, between the Plaintiff and Gyeongnam-gun; (b) on January 2011.

Reasons

1. Facts of recognition;

A. The Plaintiff’s father’s father, K (Death on February 27, 1973) and mother’s mother L (Death on January 18, 201) resided in Gyeongnam-gun M, and cultivated by using the Plaintiff’s father’s father’s 621m2 (hereinafter “instant land”) as a site, from around 1972 to around 1972, she was living in Gyeongnam-gun M., and instead used it as a site.

B. On May 15, 1991, the Plaintiff was living in Gyeongnam-gun M, who was living in Gyeongnam-gun, and was living in Gyeong Ho-gun. The Plaintiff leased the instant land to N,O, P, and Q to cultivate it, and received a white leave as its rent.

C. The deceased K’s inheritors agreed to inherit all rights to the instant land. D.

The deceased on April 2, 1995, the owner of the instant land, died, and the Defendants succeeded to the instant land in proportion to the inheritance shares listed in the attached list.

[Ground of Recognition] The facts without dispute, each of the statements and images of Gap1 to 24 evidence (including paper numbers), witnessS, N, T, P, U's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff occupied the instant land from May 15, 1991 to May 15, 201 and acquired prescription by occupying the instant land in a peaceful manner with the intent to own the instant land for twenty (20) years from May 15, 201. The Defendants, the heir of the network R, are liable to implement the procedure for the registration of ownership transfer with respect to the instant land.

B. Defendant B, F, G, H, and I’s assertion that the Plaintiff possessed the instant land for twenty (20) years cannot be acknowledged, and the network R leased the instant land to the network K, and the possession of the instant land by the network K and the Plaintiff is an owner possession in view of the nature of possessory power.

3. Determination

A. According to the facts found above, the Plaintiff’s mother, who moved into Gyeongnam-gun M on May 15, 1991, has leased the instant land to N,O, P, and Q, either by leasing it to N, P, or Q together with the deceased L.

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