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(영문) 대구지방법원 2019.04.18 2018나310079

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. Basic facts

A. On August 14, 1972, the registration of preservation of ownership was completed in the name of the defendant, as the ditch C, Young-gun, Chungcheongnam-gun, 1392.

On February 21, 1979, the above land was divided into three parts: C, 41 square meters, G, 134 square meters, H, 94 square meters, B, 1,123 square meters. After the said division, B,123 square meters (hereinafter “the instant land”) was divided into two parts, B,201 square meters (hereinafter “the instant land”) and D, 1,511 square meters.

B. In around 1975, the Plaintiff leased land of 8,718 square meters, 833 square meters prior to J, and 4,166 square meters, located on the lower part of the instant land and the instant land, and cultivated sublime trees into a planting orchard on each of the above land, and purchased each of the above land from K on March 8, 1977 and occupied and used them as an orchard until now.

C. Since the farmland improvement project implemented between 1978 and 1979, the said I Forest 8,718 square meters was divided into 2,162 square meters, L Forest 1,014 square meters, M Forest 37 square meters, N Forest 37 square meters, 5,165 square meters on February 21, 1979, and the said divided I Forest 2,162 square meters was O 458 square meters, P 725 square meters, Q 382 square meters.

In addition, the F Forest No. 4,166 square meters was divided into F Forest No. 4,094 square meters and R Forest No. 72 square meters on February 21, 1979, and the divided R Forest No. 72 square meters were replaced by SP 268 square meters.

On February 21, 1979, the Plaintiff completed the registration of ownership transfer for the above L, M, N, F,O, P, and Q land on March 8, 197, and completed the registration of ownership transfer on March 31, 1980 for the above J land.

E. Meanwhile, the instant land was used as administrative property, and was abolished on April 8, 1987; on July 7, 2011, the land category was changed from a ditch to an orchard; and on May 1, 1988, the name of the administrative district was changed to the “Tuk-gun, Chungcheongnam-gun.”

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1 through 14 (including each number; hereinafter the same shall apply), and the fact-finding results with respect to the Young-gun Office of the court of first instance.