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(영문) 창원지방법원진주지원 2015.03.27 2014가단2217

소유권이전등기말소

Text

1. The defendant B indicated in the attached Form No. 1, 2, 3, 4, 12, 6, 7, 8, 9, 10, 11, and 1 of the attached Form No. 405 square meters in Jinju-si, Jin-si.

Reasons

1. Basic facts

A. On June 8, 1985, the Plaintiff completed the registration of ownership transfer based on sale on May 2, 1974, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (wholly amended by Act No. 3562, Apr. 3, 1982) with respect to the land of 5,693 square meters (hereinafter referred to as “E before division”; hereinafter referred to as “land number”).

(2) On August 26, 1989, F or G land was divided out of E’s land before the division. Of the above divided land, H field 939 square meters (hereinafter “H land before the division”) left as owned by the Plaintiff, and F, I, and G land were incorporated into each road.

(3) Defendant B completed the registration of ownership transfer for reasons of sale on October 15, 1985 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992) with respect to H land before subdivision on December 20, 1993.

(4) Before subdivision, H land was divided into H on April 15, 1994 (hereinafter “H land after subdivision”) and D 469 square meters (hereinafter “D land before subdivision”).

(5) On August 25, 1994, Defendant C purchased D’s land before subdivision from Defendant B, and completed the registration of ownership transfer under receipt No. 46250 on September 6, 1994.

(However, the grounds for registration are indicated as sale and purchase on August 20, 1994). (6) On March 16, 1995, D land was divided into D large scale 383 square meters and J large scale 86 square meters, and on April 7, 1995, D land was combined with D large scale 383 square meters and 22 square meters owned by Defendant C and became D large scale 405 square meters (hereinafter “D land after annexation”).

Of D land after the merger, part of the size of 383 square meters prior to the annexation is in line with the part (i) of the attached Form No. 1, 2, 3, 4, 12, 6, 7, 8, 9, 10, 11 and 1.

(7) On August 30, 1995, Defendant C newly built the first underground floor and the third ground floor on the D land after the consolidation of the land involved in the dispute of this case, and thereafter occupies it until now.

(b).