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(영문) 춘천지방법원영월지원 2020.03.11 2019가단11031

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 22, 1994, the Plaintiff completed the registration of transfer of ownership on the ground of sale on November 20, 1982 with respect to the land of 1,560 square meters (hereinafter “D”).

B. Meanwhile, on the other hand, on July 29, 1993, the Plaintiff completed the registration of ownership transfer for the reasons of sale on April 31, 1983 with respect to the land Gangwon-gun E and F in the neighboring area.

Since November 11, 1998, G forest land was divided into 2,714 square meters and H forest land 11,554 square meters from F land. On the same day, H forest land 11,554 square meters were registered conversion into E preceding 11,554 square meters.

C. On March 7, 2005, the Defendant completed the registration of ownership transfer on the ground of sale with respect to the land of 2,397 square meters (hereinafter “instant land”). D.

The Defendant filed a motion against the Plaintiff and ASEAN for the Defendant’s entry and temporary injunction against the obstruction of use on the part of “A” (hereinafter “the part of the instant dispute land”) in the order of each of the facts indicated in the separate sheet Nos. 6, 7, 23, 22, 21, 20, 19, 18, 17, and 6, among the instant land C, for the Defendant’s entry and temporary injunction against use on April 1, 2019, on the ground that there is insufficient vindication as to the necessity of preservation on April 1, 2019.

[Ground of recognition] Gap evidence Nos. 1, 4, and 20 (including branch numbers, if any; hereinafter the same shall apply), the result of the appraisal commission to the branch offices of the Korea Land Information Corporation, the purport of the entire pleadings

2. The gist of the Plaintiff’s assertion and the Plaintiff’s ASEAN revealed that the part of the instant dispute land was owned by the Plaintiff, and that the Plaintiff had completed the registration of ownership transfer on the instant land from January 22, 1994, using the part of the instant dispute land as the access road for the development and cultivation of the Gangwon-gun E land, F land, etc. adjacent to the instant land, or using it as a place where the Plaintiff would bring a brush for a double farming.