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(영문) 광주지방법원 2017.11.15 2016나60798

소유권이전등기

Text

1. The judgment of the first instance, including the Plaintiff-Counterclaim Defendant’s principal claim expanded and changed in this court, is next to the judgment.

Reasons

The main lawsuit and counterclaim in this case are deemed to be the same.

1. Basic facts

A. B completed the registration of ownership transfer on February 24, 1983 with respect to C Forest land 37,719 square meters (hereinafter “instant land”) in Gwangju Mine-gu on February 26, 1983.

B. Of the instant land, the part of “C” (in sequence 41, 42, 43, 44, and 51, which connects each point of Annex 1, Annex 51, 52, 53, 54, and 51, among the instant land, is located on the ground of 32 square meters of land, which is located on the part of “C” (the part “B,” which connects each point of Annex 2, 41, 42, 43, 44, and 41, which is located on the part of “B,” which is constructed by the Plaintiff’s father D, and the said part “C,” is 32 square meters of the instant building site).

C. D Around June 1997, died, and the Plaintiff succeeded to the ownership of the instant building.

In addition, among the instant land, the Plaintiff installed and managed a D’s grave (one flag; hereinafter “instant grave”) on the ground of 69 square meters on the part of 69 square meters, which connected each point of the attached Table 2. Drawings 45, 46, 47, 48, 49, and 45, in turn, among the instant land.

The building of this case was registered in the building management ledger as owned by D around February 1983, and at the time, the building was stated as being constructed on the ground of Gwangju Mine-gu E.

In addition, the plaintiff completed the registration of initial ownership of the above building on August 5, 1998, and the above registration book also stated that the above building was constructed on the land E in the Gwangju Mine-gu.

The defendant (the plaintiff of this case) received the results of the cadastral status survey on the Gwangju Mine-gu E from the plaintiff (school foundation G), and then changed the "Gwanju Mine-gu E, a lot number recorded in the building ledger, to the "Maju Mine-gu," on the 25.5 square meters (the indication in the register: 25.5 square meters of the above ground earth fence boo-gu, one story-to-story, and the building of this case) to the plaintiff by September 24, 2014.