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(영문) 대구지방법원 2018.05.31 2017나315633
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against Defendant B is revoked, and the Plaintiff against Defendant O, a party to the lawsuit against the deceased B.

Reasons

1. Basic facts

A. On January 10, 1919, Japan, the Republic of Korea, was assessed against D Cemetery D, 5,950 square meters (hereinafter “instant land before the instant partition”).

Details of land division, registration conversion, etc. on June 15, 1994, the F Cemetery 1,994 square meters divided into 1,994 square meters and 2 "F land divided into G miscellaneous land" on November 23, 1995, where H miscellaneous land 1,391 square meters is divided from G land on August 11, 1997, and the I miscellaneous land is divided into 875 square meters from H land on August 11, 1997, and 283 square meters from C miscellaneous land on January 15, 2001 (hereinafter referred to as "instant land") on September 30, 203, where C 283 square meters of land was divided into 3 square meters from C miscellaneous land on September 30, 2003 (hereinafter referred to as "C 283 square meters of land").

B. The land before the instant partition was divided into land, registration conversion, etc. as follows.

C. L completed the registration of initial ownership (hereinafter “registration of initial ownership”) pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”) on October 25, 1959 with respect to the land prior to the instant subdivision on June 24, 1993. L submitted a letter of guarantee (hereinafter “the letter of guarantee of this case”) to the head of Cheongdo Gun around April 1993 for the completion of the registration of initial ownership of this case, stating that “L purchased the land prior to the instant subdivision from E, the owner registered in the forestry book on October 25, 1959,” and signed and sealed three persons, including P, etc.

After that, on July 16, 1993, the registration of transfer of ownership in the name of K company was completed on the ground of donation on July 2, 1993 with respect to the one-half portion of the land before the division of this case, and on the land divided from the land before the division of this case, the registration of transfer of ownership was completed as follows.

On March 2, 2001, the registration date and the contents of the registration date of the right holder, and the registration date of the right holder, the registration date of March 10, 2001, L on March 15, 2001, the whole share in the partition of co-owned property on March 15, 2001, L on March 3, 2001, M 66/283 shares of L on May 30, 206, M 66/283 shares transfer of L on May 30, 206

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