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(영문) 창원지방법원마산지원 2017.12.06 2016가단107250

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty H completed the registration of preservation of ownership on December 31, 1964 with respect to the land of 458 square meters (1,514 square meters, hereinafter “the land before the instant subdivision”) in Haan-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun before the subdivision.

(No. 1). (b)

On December 30, 1975, the land before the instant subdivision was divided into 84 square meters (278 square meters) and 1,236 square meters (hereinafter “instant land”) as the land indicated in paragraph (1) of the attached Table, Jan-gun, Yannam-gun, Chungcheongnam-do, and the land before the instant subdivision was completed on September 6, 1978. The subdivision registration was completed on September 6, 1978. The instant land was again subdivided into 1,164 square meters in K-si, 1,164 square meters on October 10, 205, and 47 square meters in each land listed in paragraphs 2 and 3 of the attached Table, but the subdivision registration was not completed yet.

(A) Evidence Nos. 1, 2-1 through 3, and 1). (c)

On December 7, 1979, the Plaintiff, who completed the ownership transfer registration on April 3, 1950, entered that the ownership transfer registration was completed to Nonparty O on December 7, 1979, and O completed the registration of ownership transfer on December 11, 1979.

(Evidence A 4, 6) d.

H died on April 7, 1970, after having left Nonparty P and Person P, the wife of which was the bereaved family member, and died on May 1, 1994, P left Q as the bereaved family member, and Q died on November 5, 2003 after having left Defendant B, Appointer C, D, E, and F.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6 (including paper numbers), Eul evidence No. 1 and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On December 7, 1979, the Plaintiff purchased the instant land from the deceased H around November 2, 1985, and exchanged the instant land and NE owned by the Plaintiff on December 7, 1979 after the Plaintiff purchased the instant land from the deceased H on or around 1970. Since the Plaintiff occupied the instant land in a peaceful manner for at least 20 years from that time, the Plaintiff acquired the instant land on December 7, 199 by prescription, the Defendant and the designated parties completed the prescriptive acquisition on December 7, 199 with respect to the instant land.