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(영문) 부산지방법원 동부지원 2021.03.11 2019가단219610
소유권이전등기
Text

1. The Defendant’s ground for the completion of the statute of limitations on October 26, 2019 with respect to the land size of 2,977 square meters in Busan-gun, Busan-gun.

Reasons

1. Facts of recognition;

가. 원고는 E 씨 제 19세 증 F 후예 (E 氏 第19 世 贈 F後裔) 로 구성된 종중이다.

B. On January 22, 1941, the Defendant completed the registration of transfer of ownership on October 15, 1940, with respect to the land of 44,231 square meters in Busan-gun, Busan-gun (hereinafter “the land before the instant partition”).

(c)

From around 1985, the part falling under the land set forth in paragraph (1) of the Disposition No. 1 (hereinafter “instant land”) of the land before the division of this case was created by the 20th h h h son of the Plaintiff clan from around 1985.

(d)

On April 12, 1985, the defendant divided the land of this case, which is a part of the land before the division of this case, and completed the registration of the transfer of ownership on April 12, 1985 with respect to the remaining 41,254 square meters of land in the I Literature conference on April 23, 1985.

E. Around October 25, 1999, the Plaintiff decided to proceed with the opening of a grave as the state of damage to a funeral facility of New H was serious on the land of this case. On March 16, 2002, the Plaintiff started the construction of a grave, and even until now, it occupied the land by gathering a funeral facility of H while gathering it.

[Grounds for recognition] The items in Gap evidence Nos. 1 to 21, and the purport of the whole pleadings

2. According to the facts of the above recognition, from October 25, 1999, the Plaintiff has gathered the Plaintiff’s clan 20 h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h k h h h h h h h h h h h h h h h h h h h h h h h h h h h h

Therefore, the Defendant is obligated to implement the registration procedure for the transfer of ownership on October 26, 2019 to the Plaintiff.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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