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(영문) 창원지방법원 2015.01.27 2014나5900
토지인도 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The court's explanation concerning this part of the judgment of the court of first instance is consistent with the reasoning of the judgment of the court of first instance except in the following cases, since the fifth to twenty-one of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, this part is acceptable in accordance with the main sentence of Article 420

2. In a case where the transferee of a building without registration takes over the registration of ownership transfer only with respect to the building site, and the owner becomes different while the building site was not transferred, the transferee of the building without registration has the right to dispose of the unregistered building, but does not have ownership, so it cannot be viewed that the building site and the building belong to the ownership of the same person (see, e.g., Supreme Court Decision 98Da4798, Apr. 24, 1998), and there is no evidence to prove that the owner of the building of this case was the original owner of the building of this case. Rather, in full view of the statement of evidence No. 2-1 in the statement of evidence No. 2-1, F can be recognized the fact that the owner of the building of this case, which was unregistered in around 1989, had no right to dispose of the building of this case, and in light of the above legal principles, the owner of the building of this case did not acquire the ownership of the building of this case without any further reason.

3. As such, the plaintiff's claim of this case is justified within the scope of the above recognition and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just as it is concluded, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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