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(영문) 부산지방법원 2016.06.22 2015나10247

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On March 21, 1997, the instant land was divided into several occasions before the subdivision in around 1981, and the area was 23,502 square meters from 23,95 square meters as the last subdivision in March 21, 1997.

In the lower court, as long as the divided land is not particularly problematic, the “instant land” shall be deemed to be “instant land regardless of before and after the division.”

As the owner of the above land, the plaintiff was employed as the secretary at the attorney-at-law office who delegated the lawsuit in the course of the lawsuit for removal of house in relation to the above land.

B. The net M had sold part of the instant land in installments to the Plaintiff and completed the registration of ownership transfer. Thereafter, the Plaintiff converted the land into the site (N-gu Gangseo-gu, Busan Metropolitan City 220 square meters).

C. The deceased on December 23, 1989, and the deceased on December 23, 1989 and the deceased on May 17, 198 and G completed each registration of ownership transfer (the deceased D's shares 23730/2395, G's shares 265/2395) on the land of this case on the ground of "the inheritance by consultation and division on December 23, 1989."

The plaintiff filed a lawsuit against the deceased D and G with Busan District Court 91Kadan51470, and the plaintiff asserted that "the plaintiff purchased 216 square meters of the part of the land of this case from the deceased M on September 2, 1988, which is part of the land of this case. It is to be transferred after a survey on the purchase portion at the time, but if necessary, it is to be transferred with the share equivalent to the above size ratio among the land of this case, and the deceased of the deceased. Accordingly, with respect to the plaintiff's share 21361/23950 of the land of this case, G is obligated to implement each procedure for transfer of ownership on September 2, 198 with respect to the share of 239/23900 of the land of this case."

On March 26, 1992, the above court is in accordance with Article 139 of the Civil Procedure Act (the case where the defendant does not clearly dispute the facts alleged by the plaintiff).