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(영문) 제주지방법원 2015.09.01 2015가단1351
소유권이전등기
Text

1. Of each real estate listed in the attached list to the Plaintiff, Defendant D with respect to 1/6 shares, Defendant E and F with respect to each real estate, respectively, 1/9.

Reasons

1. Determination as to claims against Defendant B and C

A. 1) The land listed in paragraph 1 of the attached Table 1 (hereinafter “instant land”).

2) The building listed in [Attachment 2] and [Attachment 2] (hereinafter “instant building”).

On December 28, 1974, the ownership transfer registration was completed in the G. On October 7, 1977 with respect to the remaining one-half shares of the instant building, G died on January 18, 1995, and its bereaved family members died on January 18, 1995, there was Defendant B and C, who is the husband I, South and North J, and South Korea K (Death on December 29, 1987).

3) On July 27, 2001, I died, as his bereaved family member, J, Defendant B, and C, who was the son’s children. On August 5, 2013, J died and as her bereaved family member, Defendant D, the Plaintiff, Defendant E, and F, who was her wife, was the Plaintiff, Defendant E, and F. 4) The 1/2 equity right holder of the instant building was G’s birth. Since around 1968, H resided in the instant building, and the instant building was destroyed by fire around 2002, and became a director at Jeju City.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

B. On January 18, 1995, the Plaintiff’s assertion G donated the instant land and buildings to the J, South-Nam-Nam-Nam-Nam-Nam, prior to the termination of the contract. The J immediately occupied the instant land and buildings, and donated the instant land and buildings to the son-Nam-Nam prior to the termination of the contract on August 5, 2013, and the Plaintiff continues to possess them upon immediate delivery.

The deceased J and the Plaintiff occupied the instant land and buildings with the intent to own them, even after the lapse of twenty years from January 18, 1995, and the acquisition by prescription was completed on January 18, 2015. Thus, the above Defendants, co-inheritors of 1/2 of the instant land and the instant building, who are co-inheritors, seek implementation of the registration procedure for transfer of ownership on the ground of the completion of the prescription period for acquisition by possession (each of the Defendants 1/4).

(c) the judgment feet, Gap evidence 5 and 6 (including each number);

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