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(영문) 제주지방법원 2016.05.31 2015가단10485

토지인도

Text

1. The plaintiff's respective claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. A. Around 1977, the Plaintiff’s 79 square meters in Jeju-si (hereinafter “the Plaintiff’s land”). D (the Plaintiff, who was the Plaintiff’s son, married on August 17, 1994, and divorced on October 14, 1998, but was married again with E on July 3, 200, but the agreement was divided on September 30, 2003) was owned by 139 square meters in size at the time, the area was divided into about 42 square meters and 84 square meters in size, and the remaining 55 square meters in size was combined with F.24 square meters in size. On August 28, 1977, the Defendant’s father’s share in the instant land was transferred to 3/42/42 of the Plaintiff’s land in this case.

B. G was the owner of H 129 square meters in Jeju, Jeju, adjacent to the Plaintiff’s land (hereinafter “instant land”). After having been transferred 3/42 shares out of the Plaintiff’s land from D, G newly constructed a 66.97 square meters of the instant land and part of the instant Plaintiff’s land, which was part of the instant land and the instant Plaintiff’s land, and obtained approval for use on December 27, 197. On January 9, 197, G completed the registration of ownership preservation on the instant land by using the instant land and the instant land as the location of the Defendant’s land.

C. After the death of G on January 5, 2003, the registration of ownership transfer was completed on July 10, 2003 in relation to the land of this case and the housing of this case, I, the wife on July 10, 2003, and thereafter, the registration of ownership transfer was completed on October 27, 2010 on October 27, 2010 on the land of this case and the housing of this case.

On the other hand, among the Plaintiff’s land of this case on February 25, 1978, the above 3/42 shares transferred to G were re-registered in the D future, and after D died on May 8, 1982, K, L, M, N,O, E, or less, its heir on the Plaintiff’s land of this case.