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(영문) 제주지방법원 2014.02.14 2013가단6420

소유권이전등기

Text

1. Of the instant lawsuit, the lawsuit against Defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. A. Around December 29, 1956, E, the Plaintiff’s attached, purchased F. 205m2 (hereinafter “Plaintiff-owned land”) from Seopopopo City F. 205m2 (hereinafter “Plaintiff-owned land”). On December 9, 1994, the Plaintiff completed the registration of ownership transfer based on inheritance.

B. D, 55m2 (hereinafter “instant land”) is located between the Plaintiff’s land and the G land at Seopo-si, Seopo-si, Seopo-si, and Defendant B acquired the ownership of the instant land on May 2, 1989. As to the instant land on May 13, 2013, the Jeju District Court Seopo-si Office, Seopo-si, Seopo-si, 19046, received on May 14, 2013, the ownership transfer registration was completed in Defendant C.

C. The Plaintiff’s land and the building on which part of the instant land reside is constructed. The remainder of the instant land is used as a passage for the Plaintiff to enter the public road, and the boundary is divided into a stone fenced part of the instant land and the adjacent part of the G land at Seopopopo City.

[Ground of recognition] A without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3, and Gap evidence 4, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The parties' assertion and judgment

A. From December 29, 1956, the Plaintiff’s assertion E resided in the land owned by the Plaintiff and the building located on the ground of the instant land, and occupied the instant land in peace and openly with the intent to own the instant land, and thereafter died on February 28, 1993. Since the Plaintiff’s succession to the status E continues to possess the land in peace and openly and openly with the intent to continue to hold it, Defendant B is obligated to implement the procedure for the registration of ownership transfer for the instant land on May 2, 2009 after the lapse of 20 years from the date of acquisition of the ownership of the instant land, and Defendant B received the registration of ownership transfer for the instant land by means of a false conspiracy with Defendant B.