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(영문) 제주지방법원 2018.09.05 2017나11629

소유권이전등기

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1. Of the part against the plaintiff in the judgment of the court of first instance, the part ordering performance is revoked next to that of the judgment.

The defendant is against the plaintiff.

Reasons

1. Basic facts

A. On November 30, 1971, 1971, E and F shared 1/2 shares with respect to D 906 square meters of land in Jeju-si (hereinafter “Plaintiff 1”) and completed the registration of ownership transfer. On January 24, 197, G was partially transferred 32/274 shares. H on November 14, 2008, he received the entire shares of the said G, and on December 29, 2008, he acquired the entire shares of the said I on December 29, 2008, and transferred the entire shares of the Plaintiff 121/274 shares, all of which were transferred on June 22, 2011, and the Plaintiff acquired the entire shares of the said G on June 22, 2012 through the order of transfer on June 24, 2011, and the Plaintiff acquired the entire shares of the Plaintiff 20/36/27.27.21.27.

B. The registration of ownership transfer under the name of G was completed on June 1, 1996 with respect to the Plaintiff 1’s land and the southwest-west, M forest land, 899 square meters adjacent to the southwest-west (hereinafter “Plaintiff 2”) on the ground of sale on March 5, 1976, and the registration of ownership transfer was completed on July 10, 2002 by N andO each 1/2 equity, and on June 8, 2012, the Plaintiff received the entire said equity transfer.

C. On March 3, 1993, part of the southwest part of the Plaintiff 1’s land and C forest land adjacent to the northwest part of the Plaintiff 2’s land (hereinafter “Defendant’s land”) was completed the ownership transfer registration under the name of the Defendant.

Plaintiff

The registration of ownership preservation was completed in the name of G around November 14, 2008 after obtaining approval for use in around 1976 on the so-called “Plaintiff’s housing”) and on June 8, 2012, the Plaintiff completed the registration of ownership transfer with respect to the said housing on June 8, 2012. Part of the Plaintiff’s housing is extended to the part on the part inside the Defendant’s land, which connects each point of 1,2,3,4,10,10 and 56 square meters (hereinafter “instant part”).

And G built a building on the ground of Plaintiff 2 (hereinafter “Plaintiff’s building”) around 1990, and Plaintiff 2.