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(영문) 청주지방법원제천지원 2016.06.01 2015가단21192

소유권이전등기

Text

1. In the order of the Defendant, among the land size of 321 square meters in Incheon Metropolitan City, each point of 30, 32, 34, 35, 10, 11, and 30 attached drawings are indicated on the Plaintiff.

Reasons

1. Basic facts

A. On July 22, 1981, the registration of preservation of ownership was made pursuant to the former Act on Special Measures for the Transfer of Ownership, etc. (Act No. 3094) in the name of F, which was the head of Eri-Ri community, on July 22, 1981, with respect to the land of 803 square meters (hereinafter “C land before division”) in Seocheon-si, C, 803 square meters, D, 1,375 square meters (hereinafter “D land before division”). Since each of the above registrations of preservation of ownership was completed, the Defendant, the Plaintiff, and Eri-Ri owned a specific portion of the land before division, and the Plaintiff, G, and H separately owned the specific portion of D land before division.

B. The Defendant, the Plaintiff, and the Eri-ri Village Association filed an application for land division on October 28, 198 under the name of F to divide the land before subdivision into a specific part owned by each party, and accordingly, the land before subdivision was divided into the size of C large 434 square meters, 155 square meters, and J large 214 square meters, respectively.

On December 6, 1988, the Defendant completed the registration of ownership transfer with respect to the land size of 434 square meters in Incheon-si, the Plaintiff registered the ownership transfer under his name with respect to the land size of 155 square meters, respectively, and Eriri Village Association completed the registration of ownership transfer with respect to land size of 214 square meters in his name on December 6, 1988, where the village head, etc. was a village head, etc. at the time of the village transfer, but completed the registration of ownership transfer under his name on November 4, 2014.

The Defendant divided the C large-scale 434 square meters into different land from C large-scale 321 square meters (hereinafter “instant land”), and the Eriuri Village was merged into J large-scale 214 square meters and M large-scale 161 square meters and formed a J large-scale 375 square meters for each of the said land (hereinafter “J land”).

C. The Plaintiff, G, and H filed an application for land division on October 28, 198 in the name of F in order to divide the land owned by each party with a specific portion of the land owned by the Plaintiff, G, and H prior to the partition. Accordingly, the land prior to the subdivision was divided into D large 237 square meters, N large 628 square meters, and O large 510 square meters, respectively. With respect to D large 237 square meters, the Plaintiff was divided into D large 237 square meters, and G was N large 628 square meters or less.