logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.02.07 2019나306114
소유권이전등기
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. The Defendants shall hold the Plaintiff’s cemetery in the North Korea-gu, Pohang-si.

Reasons

1. Basic facts

A. On May 1966, K purchased from N to N the area of 63 square meters in the North-gu J Cemetery in Mapo-si (hereinafter “instant land”) and the area of 674 square meters in the area surrounding the said land (hereinafter “L land”) and occupied it around that time. Of these, K completed registration of preservation of ownership on its own land on March 16, 1979.

B. On January 21, 1993, K died, and the Plaintiff, as K, completed the registration of ownership transfer on L land on June 5, 1995 due to an inheritance by agreement division.

C. Meanwhile, M was assessed on July 25, 1913.

M A. M died on September 27, 1961, and the Defendants were M’ inheritors, and their inheritance shares are as shown in the final inheritance share table.

E. At present, a grave is not installed on the ground of the instant land, and is developed into a dry field.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of whole pleadings

2. According to the above facts as to the cause of the claim, as the network K, which purchased the instant land from O from May 196, occupied the said land in peace and openly with the intent of possession from around May 21, 1996, and thus, the acquisition by prescription was completed on January 21, 2013 after the lapse of 20 years from January 21, 1993 when the Plaintiff acquired possession of the said land by inheritance from the network K.

Therefore, the Defendants, the owner of the instant land, are liable to implement the registration procedure for ownership transfer on January 21, 2013 with respect to each inheritance share listed in the final inheritance share sheet among the land above to the Plaintiff.

3. Conclusion, the Plaintiff’s claim against the Defendants is reasonable, and all of them must be accepted.

Since the judgment of the court of first instance is unfair in conclusion with different conclusion, it accepted the appeal against the Defendants by the Plaintiff, and revoked it, and the Defendants made the Plaintiff each of the instant land.

arrow