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(영문) 대구지방법원경주지원 2016.02.02 2014가단1037

소유권말소등기 등

Text

1. In the Plaintiff’s lawsuit against the Defendant Republic of Korea, the Plaintiff indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, 20 among the 152 152 c.

Reasons

1. Basic facts

A. On October 4, 1912, the registration of ownership transfer for the above land was completed on April 2, 1946, under the condition that it was conducted on October 4, 1912. On the same day, E completed the registration of ownership transfer for the above land on March 20, 1936, and thereafter, on May 8, 1942, the registration of ownership transfer was completed on April 1, 1942 under the name of Defendant B (B, C) (B, and C) on April 1, 1942.

B. On December 24, 1993, Defendant Republic of Korea completed the registration of ownership transfer based on the reversion of rights on September 11, 1948, following the procedures for the public notice of non-real estate under Article 8 of the State Property Act.

C. On the instant land, there are 45.5 square meters and 45.5 square meters and 1st floor, and 27.6 square meters and 27.6 square meters and 1st floor of housing (hereinafter “instant building”). On the building ledger of the instant building, the networkF obtained approval for the use of the said housing on 194, and entered that he obtained approval for the use of the said housing on 1970, and the networkF resided in the said housing and paid property tax on the said building from around 197 to around 204.

(Non-collection of small amounts from 2005 to 2011). D.

The Plaintiff was donated to the deceased F’s children before he died on February 8, 2012, and had been managing the instant building from around that time until that time. For the purpose of using and earning profit from the instant building, the Plaintiff occupied the part (b) of the instant building, which connects each point of the attached Form Nos. 7, 8, 9, 10, 11, 12, 13, 23, 22, 21, 20, 20, and 7 of the instant land, with the indication of the attached Form Nos. 7, 8, 10, 11, 12, 13,

[Ground of recognition] In the absence of dispute, Gap evidence 1-1, 2, 3, and 2-1, 2, 3, and 3-1, 2, 4, 5, 6, 12-1, 2, and 8-1, 12-2, and Eul's evidence, the result of on-site verification conducted by appraiser G, the result of the on-site verification conducted by appraiser G, and the purport of the whole pleadings

2. Determination on Defendant Republic of Korea’s defense prior to the merits

A. The gist of the defense prior to the merits is that the plaintiff has against the defendant B.