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(영문) 대전지방법원 천안지원 2018.10.24 2016가단104346

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. On June 20, 1995, the land listed in the separate sheet (hereinafter “the land in this case”) was partitioned from the land D (hereinafter “the land before subdivision”) owned by C on June 20, 1995, and on the same day, the registration of ownership transfer was made on March 22, 1979 under the name of the defendant with respect to the land in this case.

B. Of the instant land, there are 1, 2, 3, 4, and 5 square meters in part of land (hereinafter “the farm road in this case”) among the land in the instant case, 1, 22, 22, 2, 2, and 1, 3, 4, and 55 square meters in part of land (hereinafter “the farm road in this case”) connected with each of the instant items, and 2, on the inside of the connected inside of the line, the Defendant has a single-feasible tree planted in April 201, 20, 222, 2, 2, and 3

C. On June 20, 1995, the land of this case was divided into a 179 square meters in Echeon-si, Chungcheongnam-do on December 7, 1995, and the registration of ownership transfer was made on October 3, 1995 under the name of Chungcheongnam-do, Chungcheongnam-do on December 7, 1995, and is currently being used as a road. The farmland of this case is the road adjoining to the outside of the connected lines.

[Ground of recognition] Evidence A 1-3, Evidence A 5-1-2, Evidence A 6-1-5, Evidence A-8, Evidence A-2-2, and each statement or image of Evidence B-2, the result of appraisal commission made on May 15, 2018 to the Korea Land Information Corporation, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion (i) purchased G farmland in Boan-si (hereinafter “the neighboring farmland of this case”) from H on April 1973, F purchased 25 square meters from C to 20 square meters from the land before the instant partition for the road for passage of the said farmland, and constructed a road on the said 25 square meters part of the said land.

The Plaintiff purchased the farmland adjacent to the instant case from F on January 5, 1984 and completed the registration of ownership transfer in the name of the Plaintiff on January 16, 1984. The Plaintiff purchased the land adjacent to the instant case from F and acquired possession from F and used the land adjacent to the instant case as a passage for the sake of farmland adjacent to the instant case.

Article 26-2(1) of the Act.