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(영문) 서울북부지방법원 2017.12.08 2017가단15376
소유권이전등기
Text

1. The plaintiff's main claim is dismissed.

2. The plaintiff's conjunctive claim among the lawsuit of this case is dismissed.

3...

Reasons

1. Facts of premise;

A. G is a son of I’s original domicile in the Jeju Special Metropolitan City, P, and Defendant D is a son of I’s original domicile in the Ulsan Special Metropolitan City, Ulsan Special Metropolitan City, J.

B. In the former land cadastre and the forest land cadastre prepared on July 10, 1976 and the forest land cadastre prepared on August 4, 1976, I, who had address in racing H, shall be deemed to have received assessment of the land Nos. 1 and 2 during the Japanese occupation period.

C. As to the land Nos. 1 and 2 of December 3, 2007, Defendant D completed registration of ownership preservation in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500 of May 26, 2005, hereinafter “Special Measures Act”).

As to the land on December 14, 2007, Defendant C, the wife of Defendant D, the registration of ownership transfer based on donation on the 11th of each same month, and as to the land on June 25, 2008, Defendant B, the wife of Defendant D, the same year.

5. 26. Each registration of ownership transfer shall be completed by reason of sale.

E. The plaintiff is a clan that is a naturally created family organization (hereinafter referred to as "Plaintiff clan for convenience") consisting of descendants, such as a k's k's k's k's k's k's k's k's k's k'

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7, the purport of the whole pleadings

2. Determination

A. (1) The plaintiff clan asserts that the plaintiff clan and the defendant Eul seek the implementation of the ownership transfer registration procedure due to the completion of the statute of limitations for the possession of the land on January 1, 1991, since the plaintiff clan and the defendant Eul completed the statute of limitations for the possession of the land on January 1, 191, and acquired the right to claim the ownership transfer registration due to the completion of the statute of limitations for the possession of the land on January 1, 191.

Before examining whether it is possible to transfer the right to claim ownership transfer registration following the completion of the prescription on possession or whether the opposing power has been acquired, the evidence submitted by the plaintiff clan alone, which is the time of the plaintiff clan, claims that the plaintiff clan, which is the time of the plaintiff clan, is the name of the Dong, which is the time of the plaintiff clan and the defendant D.

This title 1 and 2 land shall be from January 1, 1991.

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