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(영문) 광주지방법원 2018.04.17 2017가단508302
공탁금 출급청구권 확인
Text

1. The plaintiff's lawsuit against the defendant Dollary Forest Floor Co., Ltd. shall be dismissed.

2. The plaintiff's defendant B, C, D, E, F, G.

Reasons

1. Basic facts

A. On February 10, 1919, the network I was found to have been 737 square meters (hereinafter “instant land”).

B. On February 9, 2017, the Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd”) admitted the instant land on February 9, 2017, and made an absolute deposit of KRW 25,979,250 as the Gwangju District Court Decision 2017No584, Feb. 9, 2017 (hereinafter “instant deposit”), and completed the registration of ownership preservation on the instant land that was unregistered until that time.

C. Meanwhile, at the time of the death of June 20, 1978, I was only L’s inheritor, and L died on November 15, 1998. Defendant B, Defendant C, and Nonparty M, who was L’s child, inherited L’s inheritance, Defendant G, and Defendant H inherited by inheritance.

(L’s husband N died on November 8, 1983, and L’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s G and H died on April 15, 1992). M succeeded to M on December 19, 2012, Defendant E and Defendant F, one of his wife’s children, died.

Therefore, the deceased I’s heir is now the other Defendants, i.e., B, C, D, E, F, G, and H, excluding the present Defendant’s Myyang Forest Floor.

(hereinafter referred to as “Defendant B and six others” in the event that the Defendants, who are the successors of the network I, are collectively referred to as “the grounds for recognition”). [Judgment of the court below is without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, and the purport of the whole pleadings.

2. Summary of the cause of the plaintiff's claim

A. The Plaintiff was donated the instant land from the deceased I in around 1970 and was occupying and occupying the instant land more than before 1997. As such, the statute of limitations for acquiring possession of the instant land had already been completed on or before January 1, 2017 after the lapse of 20 years.

Defendant B, et al., the deceased I’s heir, is obligated to implement the registration procedure for ownership transfer on the ground of the completion of the prescription period for ownership transfer, and the land of this case is expropriated after the completion of the prescription period for the Plaintiff’s possession.

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