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(영문) 대전고등법원 2015.09.09 2014나13578

소유권확인

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

가. 피고는 국방, 군사사업에 편입될 토지를 취득하기 위해, 1984. 3. 6. M와 사이에 다음과 같은 매매계약 즉, 피고가 M로부터 M의 망부(亡父) L의 소유인 ‘충남 대덕군 T 도로 331㎡, U 도로 390㎡, V 제방 179㎡, W 하천 159㎡, X 도로 69㎡’를 매매대금(토지보상금) 2,177,800원에 매수하기로 하는 매매계약을 체결하고, 그 무렵 M에게 위 매매대금(토지보상금) 2,177,800원을 지급하였다.

B. The above B. A pursuant to the above sales contract

On March 14, 1984, the following series of registrations were made with respect to each land indicated in the claim, namely, ① the preservation of ownership in the name of the deceased L by the defendant's subrogation (the cause of subrogation: the preservation of the right to claim the registration of ownership transfer by consultation on March 6, 1984), ② the registration of ownership transfer in M name (the cause: the sale on April 10, 1981), ③ the registration of ownership transfer in the name of the defendant (the cause: the acquisition by consultation on March 6, 1984).

(c) thereafter:

Of the land indicated in the port, “Yeong-gun Tro 331 square meters” (the name of the administrative district was changed to “Yeong-gu, Daejeon Metropolitan City,” on January 1, 1989, and on January 1, 1995, the final changed administrative district was entered into the name “Yeong-gu, Daejeon Metropolitan City,” and the name of the final changed administrative district; hereinafter “Seong-gu, Daejeon Metropolitan City” was omitted) was divided into “H 87 square meters” and “J 244 square meters” on March 14, 1994.

In addition, “J road 244 square meters” was merged into the K site owned by the Defendant on December 7, 1999.

(B) In order to ensure that the land of the said K site was located in the area of 185,697 square meters, the Plaintiffs specified “244/185,697 square meters in the attached Table 1’ as the land indicated in paragraph (3) of the attached Table 1 of the Real Estate List. However, for convenience, the “J road 244 square meters” combined with the said “K large 185,697 square meters,” and thereafter, the said “H road 87 square meters” is deemed as the land indicated in paragraph (3) of the attached Table 1 of the Real Estate List. < Amended by Presidential Decree No. 20902, May 12, 2003; Presidential Decree No. 20947, May 12, 2003; Presidential Decree No. 2483 square meters in the attached Table 1 of the Real Estate List