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(영문) 대구지방법원경주지원 2014.01.21 2012가단7116
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. On April 5, 1913, the previous 1298 square meters of C was divided into a 959 square meters and a 340 square meters prior to C on April 5, 1913. The previous 959 square meters of C was divided into a 509 square meters prior to C on September 1, 1931 and B 188 square meters prior to C on September 1, 1931, and the relevant land category was changed to a “dial” on the same day.

B. Change of ownership on the land cadastre 1) C, a ditch of 188 square meters (hereinafter “instant ditch”).

(2) On October 7, 1931, 1931, the land cadastre of the Plaintiff was registered as transfer of ownership to F on December 13, 1938, by the Ansan River Repair Association, after purchasing the ditch of this case from the Ansan River Repair Association on December 13, 1938. (2) On the card form land cadastre of this case drawn up on June 30, 1976, the Ansan River Repair Association acquired the ownership of the ditch of this case on October 7, 1931, but it was registered as transfer of ownership to F on December 13, 1938.

3) On the current land cadastre on the ditch of this case, the ownership of the ditch of this case was registered as transfer from F on February 27, 1985 to F on the land cadastre of this case. (C) As to the ditch of this case, registration of ownership preservation was completed in the future on October 7, 1931, and on the same day, registration of ownership transfer was completed on the ground of sale as of February 14, 1931 in the name of the Plaintiff, the telegraph Repair Association.

2) On December 13, 1938, F completed the registration of ownership transfer with respect to the ditches of this case. 3) The Defendant completed the registration of ownership transfer with respect to the ditches of this case on February 27, 1985.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1-1, 3, 4, 2-7, 8, 9, Eul evidence 1-1, 2, and 3-2, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. Since the purchase of the ditch of this case from E and its ownership was acquired by the Ansan River Repair Association, the plaintiff's assertion for the transfer of the plaintiff, the plaintiff has occupied the ditch of this case until now. The defendant is about the ditch of this case.

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