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(영문) 창원지방법원 마산지원 2018.09.06 2018가단100314

소유권이전등기

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. H is the Plaintiff’s wife, and the Defendants are co-inheritors of the network I.

(Defendant B's wife, Defendant C, D, E, and F are children of the network I). (B)

J acquired ownership on July 1, 1913, which was the Japanese colonial rule, under the circumstances of 228, the cemetery G cemetery in Haan-nam, Haan-gun, Hanan-gun on July 1, 1913.

C. On September 1, 1931, the G cemetery 228 square meters in the Haan-gun, Haan-gun, Haan-gun, Haan-gun was divided into 162 square meters in the G cemetery, 307 square meters in the K cemetery, and 284 square meters in the L cemetery.

(hereinafter referred to below is all land located in the above M, and its lot number is specified). (d)

Around May 195, H, the Plaintiff’s wife, filed a registration of preservation of ownership of K, L, and N land under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate. The Plaintiff obtained a construction permit on February 23, 1996 for the above K, L, N land, and O and P land, the ownership transfer of which was registered as owned by the Plaintiff from around 190, and constructed a stable (hereinafter “the instant stable”). The approval for use was granted on March 20, 1996.

E. H on May 19, 2004, the Plaintiff above E.

The registration of ownership transfer was completed with respect to K, L, and N land described in the port.

F. Meanwhile, G land is surrounded by O, Q, K, and N land (G land is treated by sound processing) as shown in the video of the attached “cadastral map,” and the current status of the building for the construction of the instant stable permitted by the Plaintiff is as shown in the attached Form “building status map.”

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings, as stated in Gap's Evidence Nos. 1 through 4, 6 through 8, 11 through 19

2. Summary of the parties' arguments

A. On June 27, 1963, after the division of the pertinent land into G, K, and L land into G, K, and L, J, upon the Plaintiff’s assertion of 228 square meters, sold the said G, K, and L land to LI. The LI sold the said G, K, and L land to L, and R sold the said land to the Plaintiff around April 10, 190.

Since April 10, 1990, the plaintiff is now now G.