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(영문) 수원지방법원 여주지원 2017.01.12 2016가단2781
소유권이전등기
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) shall transfer to the Defendant (Counterclaim Plaintiff) C.

Reasons

1. Of the attached specifications 6, 7, 44, 75, 76, 77, 78, 69, 77, 70, 71, 72, 73, 74, 77, 76, 77, 77, 78, 76, 79, 70, 74, and 77, the Plaintiff (Counterclaim Defendant; hereinafter “the Plaintiff”) successively connected each point of (b) part of a slope of 152 square meters, 7, 8, 44, 70 square meters, and 2,46, 47, 48, 67, 68, 69, 78, 776, 75, 74, and 76, the Plaintiff’s land owned by the Defendant (Counterclaim Plaintiff; hereinafter “Defendant’s land”) did not have any dispute over the land of this case among the parties to each of the instant case.

2. Determination as to the claim on the principal lawsuit

A. On February 15, 1980, the plaintiff's father D owned the land of this case and completed the registration of ownership transfer on February 18, 1980, after purchasing from non-party F 2658 square meters (hereinafter "the plaintiff's land"). At that time, the part of the land of this case was known to be the land it purchased, and the acquisition by prescription was completed. The plaintiff was donated the land from D on November 20, 2003. Thus, the defendant asserts that the plaintiff is liable to transfer ownership registration on February 15, 200, since the above D acquired possession of the land of this case from February 15, 1980 to February 15, 2000.

B. First of all, we examine whether D purchased the Plaintiff’s land on February 15, 1980 and occupied the instant dispute land. Among the evidence corresponding thereto, it is difficult to believe that D and the Plaintiff’s father-related parties were to believe it as it is. The witness F’s testimony sold the Plaintiff’s land to D is what is the statement as to whether D had the cultivated land part of the instant dispute land.

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