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(영문) 청주지방법원 제천지원 2018.02.08 2017가합10179
소유권이전등기
Text

1. The Defendant has caused the Plaintiff to recover the real name with respect to one-half share out of the 3,162 square meters of 3,162 square meters prior to Seocheon-si.

Reasons

1. Basic facts

A. D completed the registration of ownership transfer on March 29, 1968, No. 1,016 (hereinafter “instant land before the instant division and replotting”)

B. D was killed on March 26, 1980 (hereinafter “the network D”), and at the time of death, there were wife F, South Korea, G, H, the Defendant (son), the Plaintiff (son), I (son), J, and K.

C.F died on February 27, 1983

(hereinafter referred to as “the network F”). (d)

The defendant completed the registration of ownership transfer on July 12, 1983 with respect to the land before the division and substitute land of this case on May 7, 1983.

(hereinafter “instant transfer registration”). E.

On March 20, 1990, the land prior to the instant division and replotting was divided into 1,198 square meters in Ma-si and 2,161 square meters in Ma-si in Ma-si (hereinafter “M land”). On the same day, among each of the above lands on the same day, Ma-si M-si 2,161 square meters in Ma-si and 3,162 square meters in Ma-si (hereinafter “instant land”). The instant land was replaced by Ma-si 3,162 square meters in Ma-si (hereinafter “the instant land”). The land category

(However, the transfer of the register due to division was made on July 2, 1990, and on July 20, 1990). (F) pursuant to the procedure for the acquisition of public land by consultation, the defendant decided to transfer the ownership of M land at KRW 173,00,000,000, according to the procedure for the acquisition of public land.

(hereinafter “instant compensation”). On April 19, 1993, the Defendant paid KRW 70,000,000 out of the instant compensation paid to the Plaintiff from Incheon City.

G. From around 200 to around 200, the Defendant received rent by leasing part of the instant land to N,O, and P. From difficult to say to 2013, the Defendant paid to the Plaintiff a part of the rent each year (which is 5,200,000 to 7,600,000 won per annum except for the year 200 and 2001).

H. On February 17, 2014, the Defendant changed the land category of the instant land into “former”.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 5, 6, 7, 9, 10.

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