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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2016.08.31 2015나36260
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Defendant is the heir of the network D (Death on August 9, 2008). The Plaintiff is the wife of the network D’s dies (Death on November 20, 1931), and H is the deceased G and the Plaintiff.

B. The network D completed the registration of transfer of ownership shares based on the sale on February 5, 1971, as the Changwon District Court (Seoul District Court Decision 224/271), which was received on February 5, 1979, with respect to the shares in the instant land, (i) the registration of transfer of ownership shares based on the sale on February 5, 1971; and (ii) the Defendant completed the registration of transfer of ownership shares based on the inheritance by a consultation and division as of April 26, 2012, (ii) the receipt of the said shares on April 26, 2012, (iii) the registration of transfer of ownership shares based on the inheritance

C. The Plaintiff, along with H, occupied and used the pertinent land by cultivating crops on the instant land, installing concrete roads, and using them as passages and marinas.

【Ground of recognition】 The fact that there is no dispute, Gap 2, 3 evidence, Eul 1, 4, and 7 evidence, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The plaintiff purchased the land of this case around 1931, which was around the time when her husband died, and the deceased D returned to her husband around 1973, which had been allowed to temporarily cultivate the land of this case. However, from around 1980, the deceased D was a director of Masan-si and returned the above land to the plaintiff, the plaintiff continued to occupy the land of this case and used it as farmland, ma, and passage. As such, from March 1980 to March 200, the plaintiff continued to occupy the land of this case with the intention of ownership for 20 years or more, since the acquisition by prescription was completed, the defendant was obligated to implement the procedure for the transfer of ownership within the share of ownership of the land of this case by the plaintiff. 2) Since the defendant's assertion that D purchased the land of this case from the deceased D, the Masan-si director of Masan-si, and the plaintiff continued to occupy the land of this case on June 3, 1986.

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