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(영문) 대구지방법원영덕지원 2014.11.25 2012가단2632
소유권이전등기절차이행
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. The certified copy of the old land register concerning 908 square meters (hereinafter referred to as “the land before subdivision of this case”) in Chungcheongnam-gun, Ulsan-gun, Seoul Special Metropolitan City (hereinafter referred to as “the former land before subdivision”) was completed on March 27, 1919 with respect to the land before subdivision, and the registration of ownership transfer in the name of E was completed on the ground of “trade on February 7, 1919.” On April 17, 1919, the registration of ownership transfer in the name of E was completed on the ground of “trade on February 7, 1919.” On March 14, 1930, the registration of ownership transfer in the name of F (hereinafter referred to as “registration in the name of F”) was completed.

B. A certified copy of the closed register concerning the land prior to the subdivision of this case, the registration of the above F’s name was completed on December 24, 1960 by the F’s transfer of ownership in the name of F with respect to the land prior to the subdivision of this case, “the registration of the above F’s name was completed on December 20, 1954.”

C. The land before the division was divided into each of the instant real estate on June 7, 1961. D. G was deceased on July 30, 1943, and G was deceased on November 19, 1971, and the Plaintiff died on November 19, 1971. E. F was dead on April 30, 1967, and F was the wife of H, children, I, J, K, L, M, N,O,O, and the Defendant. [In the absence of dispute, evidence No. 1, 2, evidence No. 3, evidence No. 4-1, 2, evidence No. 4-2, evidence No. 1, 6-1, 1, 2-2, evidence No. 1, 7-1, 1-2, 1-2, 2-1, 7-1, 1-2, and 5-1, 1-2, 1-2, and 5-1-1, 1-2, and 2-1-1.

2. Judgment on the main claim (request for ownership transfer registration due to the completion of prescription)

A. The summary of the Plaintiff’s assertion is that the Plaintiff occupied each of the instant real estate from November 19, 1971 to November 19, 197, immediately after G’s death. As such, the acquisition by prescription on each of the instant real estate was completed around November 19, 191, and thus, the Defendant was the Plaintiff.

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