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(영문) 광주지방법원 2015.04.21 2014가단42146

소유권이전등기

Text

1. The plaintiff's primary and preliminary claims are all dismissed.

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

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 3.

Before the division, registration of ownership preservation was completed on July 23, 1979 with respect to the 592 square meters in Gwangju-gu, Gwangju-gu, Gwangju-gu.

B. On December 24, 1962, E-road 10 square meters was divided from the above land, and on October 28, 1976, the F-road 536 square meters was divided.

After that, the land category of F. F. 536 square meters was changed on December 22, 1978.

C. On January 20, 1995, the registration of transfer of ownership was completed on October 29, 1984 on the land of C large 46 square meters (hereinafter “instant land”). D.

On July 23, 1979, the registration of ownership transfer was completed on October 20, 1970 for the above FF 536 square meters.

2. Judgment on the plaintiff's primary claim

A. On October 20, 1970, the Plaintiff purchased a total of the above C&582 square meters, which was prior to the division of the instant land, from H, via D, G, and H on October 20, 1970. The Plaintiff was aware of the division of the instant land, and completed the registration of ownership transfer only with respect to the said F&536 square meters.

Therefore, the defendant, who is the inheritor of D, is obligated to implement the registration procedure for transfer of ownership on the land of this case to the plaintiff on October 20, 1970.

B. The written evidence No. 4 alone is insufficient to acknowledge that the Plaintiff purchased the instant land from the Plaintiff, the wife of H via D, G, and H, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit without further review.

3. Judgment on the plaintiff's conjunctive claim

A. The gist of the assertion was that the Plaintiff cultivated the instant land as dry field by occupying the instant land in peace and public performance with intent to own it for twenty (20) years from October 20, 1970.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on October 19, 1990 with respect to the land of this case to the plaintiff.

B. Judgment No. 4-2