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(영문) 제주지방법원 2018.12.04 2018가단54400
소유권이전등기
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. Basic facts

A. On August 25, 1981, the registration of transfer of ownership was completed on the ground of donation under the name of the deceased J, who was the owner of the net H, with respect to the area of 15,041 square meters in Jeju-si prior to the subdivision.

B. On November 2, 1993, the I land prior to the above subdivision was divided into three parcels of land, including 11,436 square meters, before Jeju City I. The Plaintiff, a child of the deceased J, completed the registration of ownership transfer on March 1, 1983 with respect to I land after the above division on June 29, 195.

On April 26, 2012, I land after the above division was subdivided into three parcels of land, such as 10,470 square meters before Jeju-si I.

(hereinafter referred to as “Plaintiff’s land”) 10,470 square meters prior to the foregoing I.

On November 30, 1971, the registration of ownership transfer was completed on November 30, 1971 with respect to the land of 13,018 square meters in Jeju-si, Jeju-si, which was owned by the network H (hereinafter “the Defendant’s land”). As to each of the 1/5 shares on July 4, 2014, the registration of ownership transfer was completed on July 13, 200 under the name of the Defendants, who were children.

On December 2015, the Plaintiff filed a lawsuit for ownership transfer registration with Jeju District Court 2015Kahap11645 against the Defendants on the Defendants’ land, etc., claiming for a private donation, preliminary acquisition of prescription, and filed a lawsuit against the Defendants. On October 27, 2016, the said court rendered a judgment accepting the conjunctive claim by recognizing the Plaintiff’s possession of the Defendants’ land with its intention to own for twenty (20) years from September 30, 1982.

E. The Defendants filed an appeal with the Gwangju High Court ( Jeju) No. 2016Na10898.

On August 9, 2017, the appellate court rendered a judgment dismissing the Plaintiff’s claim on the 23th of the same month on the ground that there is no evidence to prove that the Plaintiff occupied the Defendants’ land, and on November 9, 2017, the appellate court rendered a judgment dismissing the Plaintiff’s appeal on the 2017Da260414 Decided November 9, 2017, which became final and conclusive.

(hereinafter referred to as "existing lawsuit"). [The grounds for recognition]

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