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(영문) 전주지방법원 2020.10.28 2019나9449
소유권이전등기
Text

1. The judgment of the first instance court is modified upon a claim that has been changed in exchange at the trial as follows.

The plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on February 8, 1995 on the ground of sale on February 4, 1995, with respect to the G 660 square meters in Jeonju-gun, Jeonju-gun, and the H 318 square meters in total.

In addition, the Plaintiff completed the registration of transfer of ownership on April 14, 1990 for the land for I stock farm on April 11, 1990 and on March 14, 1989 for the land for J miscellaneous land 255 square meters on the grounds of sale on March 4, 1989.

(hereinafter referred to as "K" and "each lot number" are referred only to as "K" and "each lot number"). (b)

Defendant B completed the registration of ownership transfer on August 24, 1945 with respect to the 90 square meters (298 square meters (hereinafter “instant land”) prior to D, Jeonbuk-gun, Jeonbuk-gun on the ground of sale on March 20, 194. Defendant C completed the registration of ownership transfer on August 24, 194, and Defendant C completed the registration of ownership transfer on October 24, 1914 with respect to the E river 49 square meters (hereinafter “instant land 2”) and the F river 42 square meters (hereinafter “instant land”). Defendant C completed the registration of ownership transfer on October 24, 1914 with respect to each of the instant land (hereinafter “each of the instant land”).

C. On December 8, 1998, the Plaintiff constructed L, I, J, and M land a compost and stable building (hereinafter “each of the buildings of this case”) and occupied and used it until now.

However, each of the buildings of this case is constructed with a substantial part of the land Nos. 1 through 3 of this case.

[Recognition] Facts without dispute, Gap's entries and videos (including branch numbers) in Gap's 1, 2, 4, 5, and 6, the result of the appraisal commission to the complete branch of the Korea Land Information Corporation, the purport of the entire pleadings

2. Summary of the plaintiff's assertion

A. At the time of purchase of G and H land, the Plaintiff knew that the land No. 1 was included in the above land, and that the land No. 2 and 3 of this case began to occupy each of the above land from the point of purchase with the knowledge that the land No. 2 and 3 of this case were included in the above land.

Therefore, from February 8, 1995, the time of the transfer registration of ownership of G and H land, the Plaintiff’s land Nos. 2 and 3 of this case is I.

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