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(영문) 대구지방법원 포항지원 2018.09.04 2017가단104062
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Under the text of the underlying facts E, one-half of each of the instant land among the instant land owned 798 square meters (hereinafter “instant land”) in the Northern-gu, Northern-si, and the F and G transferred the ownership of each of the instant land to the F and G on August 30, 1983.

Since then F’s transfer registration of ownership was completed on August 22, 2005 with respect to 1/2 shares in the instant land due to inheritance due to consultation and division, and thereafter on February 12, 2009 with respect to 1/2 shares in the instant land of G and H, each of the instant land of G and H was completed on February 12, 2009.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff purchased and cultivated the part (i) in the ship stated in the purport of the claim in the land of this case (hereinafter "the part of possession in this case") from the plaintiff's 7th degree Gaz, and from the E door for the year-to-year poor, and the plaintiff's Gaz purchased and cultivated from the above I around 1970. The plaintiff purchased 5,000,000 won from the above J on April 1, 191 and cultivated until then. The plaintiff purchased 5,00,000 won from the above J on April 1, 1991. As above, the plaintiff acquired the part in this case and occupied it in peace and openly and openly with the intention to own, and the period of possession expires on April 1, 201, the defendant is obligated to implement the registration procedure for transfer of ownership as to the part in this case.

3. If the occupancy, which serves as the basis of the acquisition by prescription, continues above the statutory period, the acquisition by prescription shall be the starting point at which the possession, which serves as the basis for the commencement thereof, begins and the person who claims the acquisition by prescription shall not choose the starting point at his own discretion. However, in cases where the possession is succeeded in succession, the person who claims the completion of the acquisition by prescription shall be entitled to assert only his own possession, or shall be entitled to assert

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