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(영문) 광주지방법원 목포지원 2018.05.30 2017가단53782
소유권이전등기
Text

1. The Defendant indicated in attached drawings 1, 2, 3, 4, 7, 9, 99, 1, among 136 square meters in Jeonnam-gun, Jeonnam-gun, the Plaintiff.

Reasons

1. Determination on the cause of the claim

(a) The facts below the facts of recognition do not conflict between the parties, or are recognized through Gap evidence Nos. 1, 2, 3, 5, and 6 (including paper numbers), the results of the request for appraisal by this court, and the purport of the entire pleadings;

Around September 1976, the Plaintiff’s mother-friendly D began to purchase and reside in the instant land (13.21 square meters, hereinafter “Gu housing”) from E.

Between June 23, 1986 and October 1, 1986, the Plaintiff and the Plaintiff Oral F constructed a new house (hereinafter “new house”) at the location where the said house was located and used as a warehouse, warehouse, back, ma, etc. for D.

The new house is located over 11 square meters in the part (B) of the ship (a) part of 32 square meters (a) connected with each point of 1,2, 3, 4, 7, 99, 100 square meters in order among the land in this case, and the part (a) of 32 square meters in the ship (a) connected with each point of 169 square meters in order of 11 square meters in the attached drawing among the land in this case, 5, 5,6, 7, 8, 8, and 169 square meters in the previous G, Newanan-gunn-gun

D After February 17, 2017, after residing in a new house, died on February 17, 2017, and thereafter, the deceased heir, including the plaintiff, made an agreement on the division of inherited property to the effect that the deceased heir, who is an inherited property, owns a new house as an inherited property.

The Defendant completed the registration of ownership transfer on the ground of sale on June 2, 1972 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate, which was in force on November 16, 1994 (No. 4502).

B. According to the above facts of recognition, it can be known that the Plaintiff’s mother D has occupied and used at least the part of the instant land from September 1976, and such possession is presumed to have been carried out in peace and public performance with its own intent pursuant to Article 197(1) of the Civil Act. As such, the part of the instant land among the instant land is presumed to have been carried out in accordance with Article 197(1) of the Civil Act, from September 30, 1976 (the starting point shall be deemed to be the end of the pertinent month).

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