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(영문) 제주지방법원 2014.08.12 2013가단17376

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The non-party D had the non-party E live in Japan during the Japanese colonial era, and caused the non-party E to manage the approximately 1007 Jeju-do Southern-gun F, Jeju-do (hereinafter “the land before the instant subdivision”).

B. The land before the instant partition was divided into two primarys (hereinafter “the beginning of the instant case”) and E was examined with the Defendant, etc., his wife at the said beginning of the instant case.

C. E has sold the land before the instant subdivision in equal installments. The land before the instant subdivision was divided into F 201 square meters and G, H, I, J, K, L, M, N, C (F 201 square meters; hereinafter “the instant land”). The land before the instant subdivision was divided into F 201 square meters and G, H, I, J, K, L, M, N, and C (hereinafter “F 201 square meters”; and C 53 square meters (hereinafter “the instant land”). The cadastral situation is as set out in the attached Form.

E, on February 3, 1968, among the instant land partitioned for use as access roads as seen in the instant sale and purchase land and the instant land partitioned for use as access roads, and the other site of the road, the land size of G 14 square meters and H 9 square meters, left the land size of G 14 square meters and H 9 square meters, E entered into a contract with the Plaintiff on February 3, 1968, under which part of the land before the instant partition and the instant initial price were sold at KRW 240,000 (hereinafter “instant sale contract”), and entered the sale certificate as “O” only and written as “245 square meters.”

After purchase, the Plaintiff was the first director of the instant case.

E. Although E sold part of the land before the instant partition to the Plaintiff, etc., the owner of the real estate register injury on the land before the instant partition failed to perform the procedures for cadastral division and ownership transfer registration, as sold on April 6, 1974, E completed the registration of ownership transfer and went missing.

F. The plaintiff did not complete the registration of ownership transfer for the land 245 square meters and the beginning of this case purchased from E. The sale of this case under the Act on Special Measures for the Registration, etc. of Real Estate Ownership on December 27, 1979.