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(영문) 제주지방법원 2018.10.08 2017가단58627
소유권이전등기
Text

1. The defendant shall be the plaintiff.

A. Attached Form 19, 22, 23, 24, 25, 15, 16, 17, and attached Form 3 on the ground of 417 square meters prior to Jeju Special Self-Governing Province C.

Reasons

1. Basic facts

A. The Defendant acquired the ownership of the Defendant’s net D attached around 1958, and completed the registration of ownership transfer on the ground of inheritance on March 5, 1987.

B. On August 10, 1993 with respect to the land adjacent to the Defendant, Seopo-si, Seopo-si, E, 3878 square meters (hereinafter “Plaintiff’s land”), the Plaintiff’s ownership transfer registration was completed on the ground of sale made on April 10, 197 in the Plaintiff’s square F on August 10, 1993. On January 4, 1997, G, the ownership transfer registration was completed on the ground of sale made on December 20, 1996. On June 9, 2003, G’s heir completed the ownership transfer registration made on the ground of inheritance in the future. On January 14, 2004, the Plaintiff’s ownership transfer registration was completed on the ground of sale made on December 31, 2003.

C. There are 3137 square meters adjacent to the Defendant land and the Plaintiff’s land, and the said land acquired the Plaintiff’s wife’s ownership on December 2, 1981, but was donated to the J, who is the Plaintiff’s child, and the ownership transfer registration was completed in the J on November 18, 2014.

(hereinafter referred to as “Plaintiff’s children’s land”) D.

Plaintiff

The land and the Plaintiff’s children’s land (hereinafter “Plaintiff’s land”). According to the aerial photography taken in 1979, a walcon tree is planted as a wals. According to the attached Table 2, 12, 13, 14, 20, 21, and 12, among the Defendant’s land, a passage was installed to contribute from the Plaintiff’s land to the Plaintiff’s land on the part (B) of 101 square meters (hereinafter “instant passage”). The portion of the instant passage road was stored in both end, and was used as a passage by distinguishing it from the other Defendant’s land. However, the Defendant, on June 2018, 2018 during the instant lawsuit, laid down a stone fence to cultivate the part as a passage.

[Reasons for Recognition] A-6, 8, 9, and 10 items without dispute, each entry, including branch numbers, the result of the on-site inspection by this court, and the Korea Land Information Corporation.

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