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(영문) 창원지방법원 2015.07.03 2014가단76925
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Before the division of the basic facts, the “Jinhae-si E (at present, Jinhae-si E; hereinafter “E”) FF large 38 square meters (hereinafter “instant land before the division”) was owned by Nonparty G, the Defendant’s father.

On August 25, 1970, the land before the instant partition was divided into two parcels of F large 93 square meters (28 square meters) and D large 33 square meters (10 square meters). On September 7, 1988, F large 66 square meters (20 square meters) and F large 27 square meters (8 square meters) were further divided into three parcels.

On August 25, 1970, the land category of the above D D was changed to a road.

On November 22, 1976, the Plaintiff is prior to the division of F large 93m2 square meters F.

On June 12, 1991, the original court completed the registration of transfer of ownership from the network G, and completed the registration of transfer of ownership by the defendant as to the D road 33 square meters due to the inheritance by agreement division.

The Plaintiff is currently occupying 31 square meters in the ship, which connects each point of the attached Form No. 1, 2, 14, 15, 17, 16, 11, 12, 13, and 1 of the attached Form No. 33 square meters among the 33 square meters of the F 66 square meters of land in D road, as a housing site.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including a branch number; hereinafter the same shall apply), the result of the on-site inspection by this court, the result of the appraisal commission to the Intellectual Property Corporation of this Court, the purport of the whole pleadings

2. The parties' assertion

A. On January 28, 1969, the land before the instant partition, which was the cause of the claim, was purchased from G on January 28, 1969 by Nonparty H, and did not register the ownership transfer, again, on June 7, 1972, the Plaintiff reselled the land to the Plaintiff (the name before the name was changed: B) along with the relevant ground building, and used it as the housing

On November 22, 1976, the Plaintiff is prior to the division of F large 93m2 square meters F.

In relation to the registration of ownership transfer from the network G, the defendant completed the registration of ownership transfer while he did not receive the registration of ownership transfer by mistake with respect to D road 33 square meters.

The Plaintiff’s land from June 7, 1972, together with F land.

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