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(영문) 창원지방법원 2020.05.14 2019가단114471
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is that the Plaintiff’s father F, who was the father of the Plaintiff, purchased the instant real estate under the circumstances on December 10, 1917, in 1965. The real estate began to be used and profit-making by the network F, and the Plaintiff actually used and profit-making the instant real estate since the net F, died on July 25, 1974.

The Defendants, with knowledge of the fact that registration of preservation of ownership has not been made on the instant real estate, filed a registration of preservation of ownership on March 11, 1985 with respect to the instant real estate as one-third shares of the Defendants on March 16, 1985, pursuant to Act No. 3562 of March 11, 1985, and currently, the Defendants own one-third shares, respectively.

The Plaintiff, the heir of the networkF, has 1/2 shares in inheritance, and since the deceased F's death, the Plaintiff occupied the instant real estate in a peaceful manner with the intent to own it as the deceased F's inherited property, and therefore, the Plaintiff acquired the right to claim for ownership transfer registration on March 16, 2005 after the lapse of 20 years from March 16, 1985, which was the date of registration of ownership preservation under the Act on Special Measures for the Defendants.

2. The judgment of the court below is not sufficient to acknowledge the fact that each statement of Gap evidence Nos. 1 and 4 is a window, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

Therefore, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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