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(영문) 대구지방법원서부지원 2020.11.11 2019가단58619
소유권이전등기
Text

The Defendants indicated the attached Form No. 8,9,10,11,12,13,14, 14, 49, 48, among the land of Daegu-gun 15,178 square meters for the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 27, 1981, the deceased E (hereinafter “the deceased”) purchased approximately 192 square meters (hereinafter “the instant site”) and the housing on its ground (hereinafter “the instant housing”) in Daegu-gun, Daegu-gun, in around 1955, and completed registration of initial ownership on the said site on August 27, 1981.

B. The deceased died on July 14, 199 and due to division of inherited property, the Plaintiff, who was the deceased’s son, owned the instant site and the instant house solely.

Accordingly, on November 29, 2007, the registration of ownership transfer was completed in the name of the plaintiff on the ground of inheritance by consultation and division on the above site, and on September 11, 2013, the registration of ownership transfer was completed in the future of the plaintiff on the above housing.

After the death of the deceased, the Plaintiff continued to reside in the instant house.

C. The Defendants: (a) inherited 1/2 shares on March 25, 1982 from the deceased G on March 25, 1982 and completed the registration of ownership transfer for each share on January 12, 2018.

The instant land and the instant forest are adjacent to each other, and since the time the Deceased purchased the instant land and the instant housing, the soil wall and fence fence of the instant housing was installed in a duplicating manner, and the said soil wall and fence have been installed in the same location as the above soil wall and fence.

Of the forest land of this case, the part on which the said wall was invadedd shall be 107 square meters in line with the indication of the attached drawing (hereinafter “bbb”) and the part on the said land, including possession and use of composts, etc. located in the instant land by the deceased, and the deceased continuously occupied the said part on the part of “bb” in line with each point of 8, 9, 10, 11, 12, 13, 14, 49, 48, and 8. After that, the Plaintiff removed the compost and installed solar facilities, and thereafter the Deceased continues to possess the said part of the said land after the death.

【Unsatisfied facts, Gap evidence Nos. 1, 4, and 5 (including branch numbers, if any).

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