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(영문) 광주지방법원 2017.10.19 2016가단506804
토지인도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall receive 34 square meters of the ground of 571 square meters in the Jeonsung-gun, Jeonsung-gun, Jeonsung-gun.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 21, 1967, D, the Plaintiff, as the Plaintiff, entered into a sales contract with G, a spouse of F, who had the right to dispose of the said land, and paid the purchase price in full on October 25, 1967.

B. On December 1, 1975, the Plaintiff filed a lawsuit against E land before subdivision and H, and against F, claiming the performance of the procedure for ownership transfer registration (Seoul District Court 75Gahap7000) on each of the above lands on December 1, 1975. The court sentenced F to the judgment accepting the Plaintiff’s claim on January 27, 1976 on the ground that F did not clearly dispute the Plaintiff’s claim, and the above judgment became final and conclusive.

C. The registration of ownership transfer was completed on May 26, 1943 in the F. The registration of ownership transfer was completed on May 26, 194, and on May 26, 1976, the registration of ownership transfer was completed on December 1, 1975.

Before subdivision, land E was divided into 571 square meters (hereinafter referred to as “instant land”) and 12,139 square meters (hereinafter referred to as “instant land”) around September 10, 1980, Jeonnam-do, Chungcheongnam-do.

E. Since the Plaintiff acquired the ownership of the instant land, the Plaintiff paid the property tax.

F. Since the mid-1960s, the Defendant’s father J occupied the instant land by planting trees on the instant land. Since the deceased J around 1999, the Defendant occupied the instant land by managing 25gs of the 34-year cut trees planted on the instant land (hereinafter “the instant trees”), etc.

[Ground of recognition] Fact that there is no dispute, each entry of Gap evidence 1 through 7 (including a serial number), and the result of this court's request for surveying and appraisal of the Korea Land Information Corporation.

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