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(영문) 의정부지방법원 2018.08.14 2017가단25635
소유권이전등기
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1. The Defendant, among the 135 square meters of forest C in Gyeonggi-gun, Gyeonggi-do, 135 square meters (C large 446 square meters), 3/11 equity, the Plaintiff (Appointed Party) and the Plaintiff (Appointed Party).

Reasons

1. The 3,446 square meters and C Forest No. 135 square meters divided from 3,581 square meters for the indication of the claim (hereinafter “instant land”) was completed in the name of Nonparty B.

The decedent J of the plaintiff (Appointed Party) and the designated parties purchased 11,392 square meters (3,446 square meters) of the I Forest of Gyeonggi-gun from the non-party K and completed the registration of ownership transfer on February 14, 1984.

J possessed the land of this case with knowledge that it was purchased at the time.

Nonparty L owned a building not registered on the instant land, and paid land usage fees in sequence to K and J.

The J died on June 23, 2015, and his property succeeded to the Plaintiff (Appointed Party), A, E, F, and G, who is the wife, and his children.

2. Judgment by publication (Article 208 (3) 3 of the Civil Procedure Act).

3. According to the above facts, the period of extinctive prescription for possession was completed on February 14, 2004, when 204 elapsed since February 14, 1984, when the J had completed the registration of the I Forest as to the land as well as the land in this case.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on February 14, 2004 for the completion of the prescription of possession on each share inherited by the plaintiff (appointed party) and the appointed party to the land of this case.

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