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(영문) 의정부지방법원 2018.05.24 2017가단113044

소유권이전등기

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1. The Plaintiff (Counterclaim Defendant) is respectively indicated in the attached drawings among the 251m2 in Macheon-si C large 251m2 and indicated in the attached drawings to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On August 12, 1963, the registration of ownership preservation was completed on August 12, 1963 with respect to the 160 square meters prior to the division C before the division.

(hereinafter referred to as "land" is specified as Egye parcel number, land category, and area, and the land before division is referred to as "Mono land". The area shall be entered into the area of a lot only as a square meter.

With respect to the mother's land on September 25, 2003, the registration of ownership transfer was made in the name of the defendant on December 20, 1981 due to inheritance by consultation or division.

In addition, the mother's land was divided into the instant land (251 square meters) and F-road 218 square meters and G large scale 60 square meters, and the subdivision registration was completed on September 25, 2003.

C. At present, among the instant land, there is a cement block block slive roof slive roof storage (hereinafter “instant warehouse”) on the occupied part (105 square meters), and the Plaintiff is using it.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 3, 4, Eul evidence 3 and 5, or the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1D’s form and H purchased the instant land in the name of D while running a business of static project in Ari, in which the Plaintiff’s village association is located, and thereafter, sold the instant land to H along with the right of refined project to Ha, who moved to the United States.

After that, the death of H, the Plaintiff’s Village was destroyed when it purchased rice 1 math from the deceased’s heir around 1970 and used the building of the community hall with government support. As such, the Plaintiff’s Village used the warehouse of this case until now around 1977.

Upon the death of D, the Defendant succeeded to the status of the deceased’s title trustee by inheritance of the instant land through consultation division, and the Plaintiff succeeded to the status of the title truster via the network H and I.

However, since the plaintiff terminated the title trust agreement on the land of this case with the service of the duplicate of the complaint of this case, the defendant shall transfer the above land to the plaintiff.