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(영문) 창원지방법원 통영지원 2018.12.18 2018가단21226
소유권이전등기
Text

1. The Defendants completed the acquisition by prescription on January 6, 2004 with respect to each of 1/4 shares of F. 65 square meters in Tong-si, Tong-si.

Reasons

1. Facts of recognition;

A. On January 6, 1984, the Plaintiff: (a) registered the transfer of ownership with respect to GJ 327 square meters (hereinafter “the adjoining land”); and (b) on September 8, 1994, with respect to the instant adjacent land-based housing (hereinafter “the instant adjacent land”), registered the transfer of ownership based on the sale on September 20, 1978, respectively.

B. H, the Defendants’ put up, completed the registration of ownership transfer on the ground of sale on September 13, 1982 with respect to 210 square meters on March 29, 1995.

C. On June 13, 2014, the land of 1st 210 square meters in Tong-si, Si-si was divided into 145 square meters in Tong-si and 1st 65 square meters in Si-si (hereinafter “instant land”). D.

The Plaintiff had resided in the instant house since the time when the registration of ownership transfer was completed with respect to the adjoining land of this case while using the instant land as a garden attached to the said house.

E. On October 24, 2017, H died, and the Defendants, the children of H, jointly inherited H’s property.

[Based on the recognition] Defendant B and C: A without dispute, each entry or video of Party A’s evidence (including each number in the case of additional number) and the purport of the entire pleading, Defendant D and E: Confession (Article 150(1) and (3) of the Civil Procedure Act)

2. According to the above facts of recognition as to the cause of claim, the plaintiff occupied the land of this case as a garden attached to the house of this case for not less than 20 years from January 6, 1984, which completed the registration of ownership transfer as to the neighboring land of this case, as alleged by the plaintiff. According to Article 197 (1) of the Civil Act, the possessor is presumed to have occupied the land of this case in good faith, bad faith, and public performance with his own will. Thus, the period of prescription for the plaintiff's possession as to the land of this case has expired on January 6,

Therefore, the Defendants are obligated to perform each of the procedures for the registration of ownership transfer on January 6, 2004 with respect to shares of one-fourths of each of the instant land to the Plaintiff.

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