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(영문) 인천지방법원부천지원 2014.07.24 2013가합10689
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Nonparty G completed the registration of ownership transfer on June 7, 1945 with respect to F forest land 25,722 square meters (hereinafter “F land before division”) in Kimpo-si, Kimpo-si on December 3, 1947. On October 12, 1979, Nonparty G subdivided the said land into F forest land 25,380 square meters and H forest land 342 square meters (hereinafter “H land”), and completed the registration of ownership transfer on December 18, 197 with respect to the said land to K, the husband of J, the husband of I who died).

B. On November 18, 1987, F forest land 25,380 square meters is once again divided into 24,754 square meters of F forest land (hereinafter “instant F land”) and 626 square meters of L forest. The Defendant, who is the outer Dong-dong woman of G (I and G couple, is the unborn woman of the I and G couple) completed the registration of ownership transfer on the instant F land on January 24, 2007, based on property inheritance.

C. On the other hand, K on December 18, 1979

As stated in paragraph (1), G acquired ownership of the instant H land from G and thereafter owned the orchard in the instant F land adjacent to the said land since the land was located.

Since May 16, 2009, K died on May 16, 2009, K succeeded to 3/11 of its spouse M and 2/11 of the plaintiffs who are their children respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 14, 15 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Determination

A. On September 19, 1959, K donated the instant F land from G, the de facto adoptive parent, and on December 18, 1979, K operated orchard and occupied it in a peaceful manner with the intent to own the said land. On December 19, 1999, K acquired the instant F land by prescription around December 19, 199 after 20 years from the date of commencement of the said occupation.

Therefore, the defendant completed the prescription period for acquiring the plaintiffs' shares in inheritance among the above land against the plaintiffs, who are the heir of K.

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