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(영문) 수원지방법원 2018.01.23 2017가합13284
소유권이전등기
Text

1. The Defendants acquired by prescription on September 30, 201 with respect to the Plaintiff’s share of 1/5 of each land listed in the separate sheet.

Reasons

1. Basic facts

A. On October 20, 1962, the father I of the Plaintiff and the Intervenor joining the Defendant purchased each land (hereinafter “the instant real estate”) and its ground buildings (hereinafter “the instant old building”) indicated in the separate sheet, around October 20, 1962, and decided to title trust it to the networkJ, and completed the registration of ownership transfer in the future.

B. Since then, the deceased J died, and the Defendants, as their successors, completed the registration of ownership transfer on September 17, 2015 with respect to each of the instant real estates 1/5 shares on April 21, 2016.

C. On August 24, 1995, in order to remove the new building on the instant real estate surface and construct a new neighborhood living facility building (hereinafter “new building”), the Plaintiff contracted the new construction of the instant new building to Samju Co., Ltd.

C. The plaintiff on October 2, 1995 started construction of the new building of this case pursuant to the above contract between the plaintiff and the plaintiff on October 2, 1995 and completed construction, and approved the use of the new building of this case on December 12, 1996.

On June 30, 1998, the Plaintiff completed registration of initial ownership relating to the new building of this case.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2-2, and 2-5, 6-1, Eul evidence 1, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff was donated the real estate and the old building of this case by the deceased I around September 1990.

From around that time, the Plaintiff owned the instant building and occupied the instant real estate. From July 1995 to December 1995, the instant new building was removed, and the instant new building was newly constructed on the ground of the instant real estate. From that time, the Plaintiff owned the instant new building and occupied the instant real estate.

On September 30, 2010, which was around September 1990, when the Plaintiff started possession of the instant real estate, the prescription period for possession of the instant real estate was completed.

Therefore, the Defendants did not object to the Plaintiff.

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