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(영문) 대전지방법원 서산지원 2018.09.04 2018가단52476
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B, May 4, 1967, completed the registration of ownership transfer based on the completion of reimbursement under the Farmland Reform Act with respect to the period of 1,125 square meters (hereinafter “C before division”) 1,125 square meters (hereinafter “B before division”).

B. B died on April 29, 1991, and D, the wife of B, completed the registration of ownership transfer due to inheritance by consultation and division on April 28, 1997, as to the land before division.

Before subdivision, C was divided into three hundred and fifty-seven square meters (hereinafter “C land”) and three thousand and three hundred and sixty-eight2 square meters (hereinafter “E”) before it was divided on February 1, 1999.

C. On November 11, 201, the Plaintiff, the South-North of B and D, completed the registration of ownership transfer based on donation on November 9, 201.

Attached Form

Land listed in paragraph (1) of the List (hereinafter referred to as “F land”) is the land on November 22, 1993, and the land listed in paragraph (2) of the attached Table (hereinafter referred to as “G land”) is the land on which each Defendant completed the preservation of ownership on February 8, 1961.

(e)F land is surrounded by E land, and part of G land is adjacent to E land.

[Reasons for Recognition] Gap's Evidence Nos. 1, 2, 3, 8, 9, Eul's Evidence No. 1, and the purport of the whole pleadings

2. On May 4, 1967, the Plaintiff’s assertion B purchased the land C before subdivision and its ground-free buildings to the Defendant.

At the time of the purchase, B purchased the land B before subdivision and each of the instant land as one parcel.

B Death around April 29, 191, D, a wife, resided in a mixed building without permission and cultivated crops in each of the instant land, and the Plaintiff, a South-North Korean, was also a D's farmer at each weekend.

On October 199, the Plaintiff removed existing unauthorized buildings and newly built houses at the Plaintiff’s expense. On November 11, 2011, the Plaintiff donated E land on the gift of November 11, 201, and has planted and harvested the trend and shoulder of each land of this case.

As such, the Plaintiff is jointly and severally occupied with D from April 29, 191 to November 11, 201, and thereafter, solely occupied each of the instant land with intent to own it.

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