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(영문) 전주지방법원정읍지원 2014.07.30 2013가합527
진정명의회복을 위한 소유권이전등기
Text

1. The defendant shall be the plaintiff.

(a)with respect to real estate listed in the annexed List No. 1, it is based on the restoration of authentic title.

Reasons

1. Basic facts

A. On January 31, 1992, the Plaintiff completed each registration of ownership transfer for G 2,595 square meters on February 28, 1992 with respect to C 51 square meters, with respect to D 1,146 square meters, E 1,064 square meters, and F 94 square meters, on February 25, 1995, and owns each of the above land (hereinafter “instant land”) from the time of the registration of ownership transfer to the date of the registration of ownership transfer.

B. Around September 200, the Plaintiff appointed H as a manager and commenced remodeling construction of the Plaintiff’s “J” building owned by the Plaintiff, which is located in the Plaintiff’s land A in the due Eup/Myeon adjacent to the instant land.

On July 9, 199, the defendant, who is the plaintiff's birth, was running the restaurant business under the name of Ma, which was a living person of the defendant, on the land L L 207 through 212 on the surface of Kasan-si and five parcels, and operated the restaurant business under the name of N. However, around June 30, 201, the defendant discontinued the restaurant business and managed J from around that time.

C. Around May 2002, the Defendant: (a) made himself as the owner of the building on the instant land; (b) filed a construction report on the construction of a building on the instant land; (c) obtained approval for use on May 21, 2002 on the remainder of the real estate listed in the attached Form 1 (hereinafter “instant building”); and (d) obtained registration for preservation of ownership on August 7, 2002.

On the other hand, on February 5, 2007, the modification of the building ledger was entered due to extension on February 5, 2007, and on June 2, 2009, the modification of the indication of the building was made.

Around June 2013, Jung-Eup investigated the current state of obstacles to the building of this case while promoting O business in the instant land. At that time, animals listed in the attached Table 2 (hereinafter “the instant corporeal movables”) were confirmed to exist in the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Gap evidence 3 through 5, Gap evidence 7, 9, 10, Eul evidence 1 and 13, and all pleadings.

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