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(영문) 전주지방법원 2015.09.23 2015나3894

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the filing of the appeal.

purport, purport, and.

Reasons

1. After remanding the case, the Plaintiff filed for the registration of ownership transfer of part 289 square meters of “A” portion indicated as “survey result map” in the attached Form 1 of the lower judgment (hereinafter “instant land No. 1”) and J-2 of roads (hereinafter “instant land No. 2”). The first instance court accepted the Plaintiff’s claim on the instant land No. 1 and dismissed the claim on the instant land No. 2.

Accordingly, the Plaintiff did not appeal and only the Defendant appealed to the part against which the Plaintiff lost, and the first instance court prior to the remand accepted the Defendant’s appeal and dismissed the Plaintiff’s claim regarding that part of the judgment of the first instance.

Therefore, the Plaintiff appealed. Since the judgment of the court of first instance prior to the remand reversed and remanded the part on the land of this case among the judgment of the court of first instance, the scope of trial after the remand is limited to the part on the land of this case among the judgment of the court of first instance.

2. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 7, 13, and Eul evidence 1, 2, 5 and 9:

L owned KJ 1107 L and died on April 8, 1966 and succeeded to Q, R, M, S, T and U, who is the P and children of P and children of the above K land.

B. Around May 1975, M entered into a contract to sell 100 square meters of the above K’s land (hereinafter “the instant land”) between N and N, and N had the initial house on the instant land prior to the purchase of the instant land, and received all the sales proceeds under the said sales contract on two occasions on May 12, 1975 and December 23, 1975.

C. N has removed the existing grassland located on the land of this case, and newly built cement block structure and sapap evaluation house 1 and 16 square meters of dried house (hereinafter “the instant base house”) and on November 11, 1975.