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(영문) 광주지방법원 2017.10.18 2016나8950
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion

A. E filed a lawsuit against F to seek the implementation of the procedure for the registration of ownership transfer regarding the instant site, thereby winning the judgment in Gwangju District Court Decision 1989Da13870 (hereinafter “the judgment prior to the instant lawsuit”).

B. The Plaintiff purchased D site and the instant site adjacent thereto from E, and the Defendant purchased C site from F.

(A) The Plaintiff did not explicitly assert from E that he purchased the instant land from Gwangju Seo-gu, but examining the overall purport of the Plaintiff’s assertion, on the premise that the Plaintiff purchased the instant land from E along with D’s purchase, it is interpreted that the Plaintiff seeks implementation of the procedure for the registration of ownership transfer concerning the instant land from F, and thus, the Plaintiff’s assertion is concerned).

Therefore, the defendant is obligated to implement the procedure for the registration of ownership transfer for the land of this case to the plaintiff.

2. Determination

A. In full view of the purport of the entire pleadings, the following facts are recognized in each of the statements in Gap evidence Nos. 1 to 8, 12, and 15.

1) On November 14, 1989, E filed a lawsuit against F to seek the implementation of the procedure for the registration of ownership transfer with respect to the instant site. On November 14, 1989, E was sentenced to the judgment that “The Defendant purchased D site from E on June 20, 2002, the Plaintiff purchased D site from E on June 20, 2002, with respect to the portion 3.3 meters in the ship (A), which connects each point to the Plaintiff on November 25, 1980, with respect to the portion 1,2, 3, 4, 5, 1, and 3.3 meters in the ship (D).” (B) On November 25, 1980, the judgment became final and conclusive on February 29, 190, the Defendant purchased D site from G site from F on January 4, 1990, and the instant case was merged with C site on July 1, 2014.

3) On the other hand, H site between the present D and C site (area: 3 square meters).

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