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(영문) 창원지방법원진주지원 2017.06.09 2015가단35634
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 21, 1994, the Plaintiff completed the registration of transfer of ownership with respect to C & 232 square meters (hereinafter “C land”), D & 318 square meters (hereinafter “D land”), E & 109 square meters (hereinafter “E”) and F & 636 square meters (hereinafter “F land”), respectively, on the grounds that on July 6, 1995, the Plaintiff completed the registration of transfer of ownership with respect to C’s land reinforced concrete structure 84.09 square meters, 14.09 square meters, and 4.16 square meters (hereinafter “C building”).

B. On May 30, 2006, F land was divided into 9 square meters (the part on the ship (c) part of attached Form 4, 5, 6, 7, and 4 connected with each point in sequence of 4, 5, 6, 7, and 4; hereinafter the same shall apply to the part on the ship; hereinafter referred to as the “instant (c) part”) and 627 square meters left. On June 9, 2006, F completed the registration of ownership transfer under H name, the Plaintiff’s wife.

C. The registration of transfer of ownership was made in the name of the defendant on the ground of purchase and sale on May 29, 2006 (hereinafter “the sales contract of this case”), as the receipt No. 6953 of May 30, 2006, and as the receipt No. 7198 of June 7, 2006, respectively, by the same registry office (hereinafter “the sales contract of this case”).

After that, land C became real estate listed in the separate sheet (hereinafter “instant land”) as the E land on June 7, 2006 and the part (G) part (G) part (c) of this case were combined, respectively.

E. The instant land and D land are connected with each other, and there is a high difference of elevation, and thus, a boundary is formed on a slope surface on the ship (b) and (d) part (b) of 10 square meters (hereinafter “the instant (b) and (d) parts”) connected with each point of 3, 4, 10, and 3 attached drawings among the instant land.

[Ground] A without dispute, Gap evidence 2-1 to 10, Gap evidence 3-1 to 5, each entry of Gap evidence 4, the result of the on-site inspection by this court, the result of the appraiser I's measurement and appraisal by this court, the result of each request for the supplementation of the above appraiser by this court.

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