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(영문) 전주지방법원정읍지원 2019.02.14 2018가단808
소유권이전등기
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On October 21, 2005, the land of this case and the land of this case and the land of this case were divided into 115 square meters per 15 square meters per 688 square meters per 5,000 square meters per 5,000 square meters per previous

B. On May 29, 1941, G completed each registration of ownership transfer with 1/6 shares, H, I, and J shares, 5/18 shares, respectively.

C. On December 31, 2013, Defendant C completed the registration of ownership transfer on H’s 5/18 portion of the instant land due to the inheritance by agreement division. Defendant D completed the registration of ownership transfer on December 31, 2013 as to I’s 5/18 portion of the instant land due to an inheritance by agreement division.

On January 14, 2014, the 1/6 shares of J among the land in this case was completed on December 4, 2015 following the completion of the ownership transfer registration in K due to the inheritance due to the consultation division. D.

The deceased M owned 8 lots, including 3,405 square meters, which are adjoining to the instant land, and the Plaintiff inherited the said 8 lots by inheritance due to the division of consultation, following the death of the deceased M on September 12, 1991.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, and 5's statements, the purport of the whole pleadings

2. Determination as to the cause of action

A. On November 20, 1966, the Plaintiff’s assertion M purchased the instant land and occupied agricultural crops in the instant land in an unregistered state and in peace and public performance with the intention to own them, and the acquisition by prescription was completed on November 20, 1986, and the Plaintiff, a sole heir, acquired the right to claim ownership transfer registration against the Defendants, the owner at the time of the completion of the acquisition by prescription by inheritance.

B. As to the fact that the judgment net M had occupied the instant land from November 20, 1966, each statement of Gap evidence Nos. 6 to 10 (including branch numbers; hereinafter the same shall apply) is insufficient to recognize it, and there is no other evidence.

On the other hand, in the acquisition by prescription of real estate, the possessor's possession is the intention of possession.

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