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(영문) 부산고등법원 (창원) 2018.04.12 2017나23717
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 31, 1949, the registration of ownership transfer was made in the name of the F on December 5, 1948 with respect to the K 932 Gyeong-gu, Changwon-si, Changwon-si, Changwon-si.

After that, the above land was divided into D 3,041 square meters (hereinafter “instant land”) and L 40 square meters (hereinafter “instant land”).

(b) The F’s parents are M.I. as follows:

M and I's children are N, E, N, E, and Defendant B, and Defendant C is a F's assistant as E's father.

G (O), which is the plaintiff's father of G (O, death on February 9, 1986, and F's external third village) and G's children P (P, death on October 27, 1996), and the plaintiff (R) is a son of P. The household M (Death on April 20, 1967) net I (Death on September 20, 1980) net N network Nnet E (Death on September 20, 1963), Defendant C's death on September 1, 1963, which died on September 27, 2007. The household M (Death on April 20, 1967) net M (Death on September 20, 1980) net M (Death on September 20, 1963).

C. G (the Plaintiff’s protocol) cultivated the instant land from around 1949, and died on February 9, 1986.

After that, the Plaintiff occupies and manages the instant land by directly cultivating the instant land, or cultivating it to H, etc., following the occupation of the instant land from G.

On September 1, 1958, the adjudication of disappearance was finalized on March 16, 2010 to the effect that the period of disappearance was terminated on September 1, 1963.

(Seoul District Court 2007Ra1228, Changwon District Court 2009B14, Supreme Court 2009S143). The Defendants succeeded to the F’s property of the decedent F in the final and conclusive declaration of disappearance.

[Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, 4, 5, Eul evidence 1 (including each number; hereinafter the same shall apply)

(i) each entry and the purport of the whole pleadings

2. The plaintiff asserted by the parties, since he occupied the land of this case for twenty (20) years from February 9, 1986, acquisition by prescription was completed as to the land of this case on February 9, 2006. Accordingly, the defendants caused the plaintiff as to each share of 1/2 of the land of this case.

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