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(영문) 대전지방법원 천안지원 2018.10.17 2017가단108857
소유권이전등기
Text

1. 피고는 원고에게 별지 도면 표시 ⓐ, ⓑ, ⓒ, ⓓ, ⓔ, ⓕ, ⓐ의 각 점을 순차로 연결한 선내...

Reasons

1. Basic facts

A. The details of changes in ownership of the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si increase of the area from 17266 square meters to 18247 square meters due to the boundary correction on April 7, 2017; hereinafter the same shall apply) are as follows:

On February 5, 1974, the date of receipt of the registration of the sequence No. 1, 1981, the owner of the ground for registration, and on April 26, 1996, the 1/3 share in inheritance by consultation and division as of June 15, 198, and 1/3 of the Plaintiff’s share 1/3 of the shares in inheritance by consultation and division as of September 26, 1996.

B. In addition to C, the Plaintiff is also owned by inheritance from F, one-third of the shares in neighboring I, J, and K land.

다. 별지 도면 표시 ⓐ, ⓑ, ⓒ, ⓓ, ⓔ, ⓕ, ⓐ의 각 점을 순차로 연결한 선내 부분 2063㎡(가지번 천안시 서북구 B 전 2063㎡, 이하 ‘이 사건 토지’라고 한다)는 별지 도면과 같이 C 바로 위쪽에 위치하고 있고, 별지 도면 표시 ⓔ, ⓕ, ⓐ를 순차로 연결한 선 위쪽으로는 1966년 이전부터 도로가 존재하여 왔다. 라.

On February 28, 197, the Plaintiff's lighting net E has developed and completed the development of C as an orchard, and has been growing a fruit farming house in C.

The network F, the plaintiff's father E, has experienced fruit trees from the above land. On April 19, 1994, the plaintiff joined the National Agricultural Cooperative of the Yansan National Agricultural Cooperative on the said land and planted fruit trees from around that time, and left dry field farming houses from that time.

E. On May 15, 2017, the Administrator of the Public Procurement Service announced non-real estate as to the instant land on the following grounds: (a) around 2017, the existence of the instant land was revealed; and (b) the said land was publicly announced.

[Reasons for Recognition: Facts without dispute; Gap 1-1, 13, 14, 17-20, 53 evidence; Eul 1; the purport of the whole pleadings]

2. The assertion and judgment

A. On April 18, 1981, the Plaintiff’s assertion 1, who was aware of the land of this case from the Plaintiff’s conciliation division to the Plaintiff, and occupied the land of this case as part of C by peace and public performance.

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