소유권보존등기 말소등기
1. Revocation of the first instance judgment.
2. The Plaintiff (Counterclaim Defendant) is not less than 2,344 square meters prior to C in Jeju, to the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant filed an application for the preservation registration of the instant land under the former Act on Special Measures for the Registration, etc. of Ownership of the Farmland (Act No. 1657, effective) and completed the registration of preservation of ownership in the name of the Defendant (hereinafter “registration of preservation in the name of the Defendant”) by the Jeju District Court No. 14775, May 14, 1965. The registration of preservation of ownership in the name of the Defendant was entered as “C other than “C” with the registration official’s actual number.
B. The registration of preservation of ownership in the Plaintiff’s name (hereinafter “registration of preservation in the Plaintiff’s name”) was completed as of June 8, 1994 by the Jeju District Court No. 27683, which was received on June 8, 1994, pursuant to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 4502, effective).
C. On October 17, 1994, the registration for the preservation of the name of the defendant was completed on October 17, 1994 on the ground of erroneous discovery of the parcel number indication of the land (hereinafter “registration for the correction of this case”). Ultimately, the registration for the preservation of the name of the defendant was indicated as the registration for the preservation of the land of this case (hereinafter “ parcel number C”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. In around 1959, E, the Plaintiff’s husband’s assertion, purchased 796 square meters prior to C, Jeju-si, the land prior to the division of the instant land, from F. After the Plaintiff succeeds to this, he completed the registration of preservation in the Plaintiff’s name on June 8, 1994.
Although the Defendant only purchased F from F 1,049 square meters prior to G in Jeju, the period prior to C at Jeju as of 1965 remains unregistered, the Defendant completed the registration of preservation in the name of the Defendant in accordance with the former Act on Special Measures for the Registration, etc. of Ownership Transfer of common Farmland as to the said land without justifiable grounds. Therefore, the registration of preservation in the name of the Defendant as to the instant land is registered.