(영문) 부산지방법원 2017.10.27 2017나44046

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.10.27 2017나44046

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except in the following cases, Articles 5, 16, and 19 of the 5th judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In full view of the above facts of recognition and the purport of the entire arguments, the deceased K and V continued to reside in the housing of this case from November 12, 1959, and around August 3, 1974 when the deceased I and the deceased, the plaintiff (appointed party), the selected party D and E were minors, and were residing in the housing of this case [the plaintiff (appointed party) who had been living independently in the housing of this case] and thereafter, the deceased K and V continued to reside in the housing of this case, and it seems that the deceased K and the deceased (appointed party), D and E did not have asserted the right to dispose of the housing of this case against the deceased K and they actually acquired the right to dispose of the housing of this case from the deceased on January 1, 195, the deceased and the deceased actually acquired the right to dispose of the housing of this case as a person who actually acquired the right to dispose of the housing of this case from the deceased on May 12, 195.

Therefore, the deceased K succeeded to the possession of the instant possession by the deceased K and possessed the instant possession for at least 20 years until December 25, 2001, and such possession is presumed to have been carried out in peace and public performance with its own intent.

3. Accordingly, the plaintiff (appointed party) and the plaintiff's respective claims shall be accepted within the extent of the above recognition, and each of the remaining claims shall be dismissed as it is without merit, and the judgment of the court of first instance shall be dismissed.

참조조문

-민사소송법 제420조

유사 판례

-광주지방법원 2020.08.13 2019나67608

-대구지방법원 2019.10.02 2019나306848

-창원지방법원통영지원 2016.09.07 2015가단26169

-전주지방법원 2019.01.24 2018나1301

-대구지방법원 2019.03.29 2018가단111370