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(영문) 창원지방법원 2017.12.13 2017나51263

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff filed a claim in the purport of the claim, and the first instance court accepted the claim on the part of the land, and dismissed the remainder of the claim.

In response, only the plaintiff appealed against the above dismissed part, the claim for the part of the land (i) shall be excluded from the object of the trial in this Court.

2. Basic facts

A. The Plaintiff’s 3,967 square meters of D Forest land owned by Kimhae-si is part of a one-lane road installed in the Fdong belt in Kimhae-si, Kimhae-si, or a light photographic land adjacent thereto. A part of the shot land was used along with the neighboring land as a passage road, and then going to the upper end through it, it can be said to be an Imwon, Imwon connected thereto, or orchard or J conditions connected thereto, and was also used as a passage road for the protection and management of graves installed adjacent thereto.

Since then, on March 6, 2009, the above land was divided into 3,148 square meters of D forest land, 795 square meters of E forest land, and 24 square meters of forest land.

B. In March 2009, the Defendant: (a) performed a public work project that packages the business name from the Fdong, G Dongwon to “H road construction project”; (b) the width of the section of 320 meters in length to 5.5m to 15m from the commencement date of the project; and (c) completed the registration of ownership transfer after consultation acquisition on August 19, 2009, the 795m24m of forest land and 24m of forest land included in the relevant project site, which was incorporated into the relevant project site.

C. Upon the completion of the instant road construction project, the instant road construction project was divided into the E Forest E- 795 square meters on September 6, 2011 into the E Forest and C Forest and C Forest and 681 square meters on September 6, 201. On April 6, 2012, the Defendant completed the registration of transfer on the ground of repurchase on March 22, 2012 with respect to the said E Forest and Forest and C Forest and 114 square meters on the Plaintiff.

Since then, on July 1, 2013, the name of the administrative district of the E- 114 square meters of forest land, B 24 square meters of forest land, C 681 square meters of forest land was changed to Fdong in Kimhae-si, Kimhae-si.

(hereinafter referred to as “E land”, “B land”, and “C land” according to the parcel number.

by the year 201.