beta
(영문) 창원지방법원 2019.12.05 2018나57756

소유권이전등기

Text

1. Revocation of the first instance judgment.

2. The Defendant (Appointeds) and the designated parties are N. N. the window of Changwon-si.

Reasons

1. Basic facts

A. K (Death on April 25, 1975) completed the registration of transfer of ownership on April 10, 1942 with respect to Luriwon-gun, Changwon-si (Mi of the window at Changwon-si) No. 186 (hereinafter “pre-division land”) on April 28, 1942.

B. On July 10, 1958, the land category was changed to “site” and on June 25, 197, the area was converted to “615 square meters.”

C. On November 2, 198, the Plaintiff completed a move-in report at the domicile of the land before the split-off (Seoul-do, Chang-gun) and maintained the resident registration until now.

On December 3, 1994, the land before subdivision was divided into N 104 square meters in the window of Changwon-si (hereinafter “instant land”), P 19 square meters, Q 198 square meters in Q 198 square meters, and R 294 square meters in terms of Q 198 square meters in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502). With respect to Q 198 square meters in the name of S on December 3, 1994; with respect to P 19 square meters in the name of the Plaintiff on February 14, 1995; with respect to P 19 square meters in the name of the Plaintiff on March 15, 1984; and with respect to R 294 square meters in the name of the Plaintiff on February 14, 1995, the ownership transfer registration was maintained as it was in the name of the Plaintiff on February 15, 1995.

E. The defendant is the party who was appointed as the defendant, hereinafter referred to as "the defendant").

(i)The successors and the designated parties are the successors of K, whose shares in inheritance are the same as the shares in the attached list of inheritance. 【The entry of Gap evidence Nos. 1 to 14, Gap evidence No. 15-1 to 3, Gap evidence No. 16-1, 2, and Gap evidence No. 17-1 to 3, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's assertion U (the plaintiff's death on September 26, 200) purchased the land of this case from S for the purpose of using it as a house concurrently with the manager of a fish farm and newly constructed an unauthorized house on the land of this case (hereinafter "the housing of this case"), and donated the land of this case to the plaintiff. The plaintiff was above for 20 years from November 2, 198.