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(영문) 창원지방법원 2018.01.24 2017나56251

소유권이전등기

Text

1. The judgment of the court of first instance is modified as follows.

List of the Plaintiff’s lawsuits against Defendant B

8. The land as described.

Reasons

1. Basic facts

A. Before dividing the real estate as indicated in the separate sheet, Nonparty 1 K is not a party in charge of the division, but a party in charge of the division is not a party in charge of the division, but a party in charge of the division.

(2) The land of this case shall be no more than 575 square meters before M, and the land for convenience shall be indicated only by the lot number.

(2) On July 25, 1978, the Plaintiff was dead on January 26, 1968. (2) On the application of the name of the deceased deceased on July 25, 1978, the Plaintiff was merged the instant land Nos. 1 and 2 into the area of 902 square meters prior to L, and on August 14, 1978, registered the said parcel in the land cadastre by dividing it into the area of 307 square meters prior to L, 118 square meters prior to N, and 477 square meters prior to O, but the said merger and division were not reflected in the register.

3) Meanwhile, Nonparty P completed the registration of ownership transfer on October 29, 1972 with respect to the portion of 198/327 out of the land No. 1 of the instant case on February 14, 1979. Nonparty Q completed the registration of ownership transfer on October 29, 1972 with respect to the remaining portion of the instant land on September 15, 1980, on February 23, 1974, for sale and purchase on February 23, 1974, the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Dec. 31, 197; hereinafter “Special Measures Act”).

(4) In addition, on February 14, 1979, R completed the registration of transfer of ownership under the Act on Special Measures for Sale on February 1, 1963 with respect to the 331/575 shares out of the land of this case on February 14, 1979. Defendant C completed the registration of transfer of ownership under the Act on Special Measures for Sale on March 10, 1980 with respect to the 118/575 shares out of the above land on March 10, 1973 (hereinafter “the registration of transfer of ownership under P, Q, R, and Defendant C”), Nonparty R completed the registration of transfer of ownership on June 4, 1991 with respect to the remaining 126/575 shares out of the above land on January 26, 1968.

5. However, R, Defendant C, etc., who became aware of the entries in the cadastral record and the registry, filed a civil petition, and Defendant C, etc., shall restore the cadastral map to the original state around 198 and land cadastre.