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(영문) 전주지방법원 2015.10.22 2014나10666

소유권이전등기

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) Gap evidence Nos. 1 to 5 (including the branch numbers); (c) the appraisal result of the first instance appraiser H; and (d) the purport of the entire pleadings as a result of the on-site inspection conducted by the court

On April 29, 1919, the Plaintiff’s Capital Increase E (hereinafter “D forest”) was assessed on April 29, 1919, and the Plaintiff completed registration of preservation of ownership of D forest land on October 16, 1970.

B. On December 10, 1975, C Forest Land No. 6 (hereinafter “C Forest Land”) adjacent to D Forest Land was originally owned by J. The Defendant purchased from J on December 27, 1975, and completed the registration of ownership transfer under the Defendant’s name on February 12, 1976.

C. On August 25, 2008, the Defendant completed the registration of ownership transfer with respect to the portion of 265/1587 out of C forest land F on the ground of donation, and currently holds the ownership of 1322/1587 shares.

C Of the forest land, the portion of 53 square meters in a ship connected each point of 12, 14, 15, 18, 10, 11, and 12, among the annexed drawings, shall be 28 square meters in order to connect each point of 5, 15, 16, 19, 18, and 15 of the same drawings (hereinafter referred to as “three-dimensional part”), and the portion of 28 square meters in a ship connected each point of 16, 17, 7, 7, 8, 9, 19, and 16 of the same drawings, which are 204 square meters in order to connect each point of 7,8,9, 19, 18, 10, 11, 12, 14, 15, 17, and 17 of the same drawings (hereinafter referred to as “the area of 44 square meters in a ship”).

E. Of C forest land, one part inside the ship connecting each point in sequence of indication 1, 2, 3, 4, 5, 6, 7, 17, 16, 15, 14, 12, 13, and 1 of the same drawings, excluding the said two specifications, 3, and 4 parts, other than the said parts, shall be 1,302 square meters.

2. The assertion and judgment

A. (1) The parties’ assertion (1) the Plaintiff’s preference to the Plaintiff’s instant dispute land from the Plaintiff to the Plaintiff.