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(영문) 창원지방법원 2015.07.02 2014나33615
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On September 24, 1921, 1921, when the ownership transfer registration was completed in the name of Dongyang-gun, a company of the Government of Japan, Hayang-gun and H land was originally divided into the land described below (hereinafter “I land”) and the land described below, 142 square meters before Haan-gun, Haan-gun.

B. In accordance with the Act on the Disposal of Property Belonging to the State, the Defendant completed the registration of preservation of ownership on December 11, 1993, with respect to the area of 76 square meters prior to J. 76, K prior to K, and 102 square meters of a L cemetery, the Defendant completed the registration of preservation of ownership on the area of 397 square meters of M cemetery, N Cemetery 939 square meters, and the area of 224 square meters of a K cemetery.

C. The net PP (Death on January 14, 2001) completed the registration of ownership transfer based on sale on May 1, 1980 with respect to the I land adjacent to the land listed in the above B B on February 24, 1994 in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate.

The Plaintiffs are occupying and using real estate listed in the separate sheet (hereinafter “instant land”) among the land listed in paragraph (2) as graveyard or crops cultivation land.

[Recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including each number), testimony by Q of the first instance court, the result of the on-site inspection by the court of the first instance, the result of the survey and appraisal by the appraiser R by the court of the first instance, the result of the inquiry by the court of the first instance into the cadastral work by the court of the first instance, the purport

2. Determination as to the cause of action

A. On August 24, 1978, the Plaintiff’s assertion P purchased the above land from Dong NN, a Dong NN resident, and occupied it around that time. After the death of the net P, the acquisition by prescription was completed on June 16, 2014 as the Plaintiffs succeeded to the possession and possession of the land.

B. In full view of the above facts and the overall purport of the arguments, it is reasonable to view that the deceased P occupied the land of this case since August 24, 1978 or since June 16, 1994, claiming that the deceased P purchased the land of this case from the deceased U, and that it occupied the land of this case since around June 16, 1994.

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