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(영문) 전주지방법원 2016.07.08 2014가단41959
소유권이전등기
Text

1.(a)

Defendant C and D, (1) Plaintiff A with respect to each of the 436/1,83 shares in the real estate listed in the separate sheet, respectively, (2).

Reasons

1. Basic facts

A. On April 23, 2011, the Defendants purchased 2,444 square meters from Nonparty F’s G in the Jeonju-gun, Jeonju-gun on April 23, 201, and completed the registration of ownership transfer by the Jeonju District Court No. 28567, Apr. 28, 2011. At the time, Defendant C and H’s share had each 872/2,44 shares, and Defendant E’s share was 70/2,444 shares.

B. Meanwhile, Plaintiff A’s father J, who had been the owner of I forest in the vicinity of the said G land, had been the owner of the said G land, sells 1/3 shares of the said G to Plaintiff B in around 1986, following the fact that the Plaintiff, as the land adjacent to the said G land, had no parcel number at the time due to administrative error, was 1,288 square meters as part of the land adjacent to the said G land, and had cultivated the said land for a total period of up to ten years. The remainder was inherited by Plaintiff A around October 10, 191, and the Plaintiffs had cultivated the said land for a number of years up to the day.

C. However, the Defendants discovered that there is no lot number on the land portion 1,288 square meters in which the Plaintiffs cultivated and applied for boundary correction in order to incorporate it into the said G G land, and the Plaintiffs, who were unable to understand the purport of the said request for boundary correction accurately, agreed to that.

Therefore, on February 27, 2012, the portion of the above land which the plaintiffs cultivated for several hundred and twenty years was incorporated into the above G land and registered. The area of the above G land was increased from 2,444 square meters to 3,732 square meters.

E. On November 14, 2012, Plaintiff B, who became aware of the purport of the above application for boundary correction, filed a claim against Defendant C representing the Defendants on the ground that the nominal owner of the land in which he had cultivated for a number of hundred and forty years, was the Defendants, and Defendant C, on behalf of the Defendants, decided to divide the said part of the land into three hundred and forty-six square meters and donate it to Plaintiff B. On June 13, 2012, 346 square meters were divided into three hundred and forty-six square meters, Jeonbuk-gun, Jeonbuk-gun, and on November 14, 2012, the Defendants completed the registration of ownership transfer on the ground of donation made on November 14, 2012, with the Plaintiff for two,282/2,444 square meters.

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