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(영문) 광주지방법원순천지원 2019.12.12 2019가단70886
소유권이전등기
Text

1. The defendant connects the plaintiff with each point of 1, 2, 3, 4, 13, 12, 11, 10, 10, and 1 of the annexed drawings.

Reasons

1. Basic facts

A. The Plaintiff’s father’s father is C and ABD (Death around 1975). The Defendant is a child of D and the Plaintiff’s smaller child.

B. At the same time, Elux E 757 square meters (hereinafter “E land”) and G large scale 284 square meters (hereinafter “G land”) are adjoining to each other. Since before around 1970, C had resided in the E’s land, and the Defendant was living in the land at each of the instant land, and the boundary of both the two land was accumulated.

C. On April 15, 1985, C completed the registration of ownership transfer on G land owned by the network D due to a consultation and division, and on the same day, the Defendant completed the registration of ownership transfer due to sale on April 11, 1985.

On the other hand, C completed the registration of ownership transfer for land E on May 28, 1984 due to sale on February 5, 1974, and completed the registration of ownership transfer on November 21, 1998 after newly building a house.

After that, on October 1, 2018, the Plaintiff donated the above land and its ground houses from C, and completed the registration of ownership transfer on October 17, 2018.

E. Around 1985, the Defendant constructed a new building on G land, and installed a cement fence, which is an existing boundary, and installed a cement fence. The wall outer wall line is the same as line connecting each point of 10, 11, 12, 13, and 4, indicated in the annexed drawing.

F. Of G land, the portion of “B” part 87 square meters in sequence of each point indicated in the annexed drawing Nos. 1, 2, 3, 4, 13, 12, 11, 10, and 11 among G land (hereinafter “instant portion of land”) is included in the housing log in which C and the Plaintiff were residing, and is in possession of the Plaintiff.

G. On the ground of the instant land, there are sewerage managers laid underground by the Defendant.

[Reasons for Recognition] Unsatisfy Facts, Gap's statements and images of Gap's evidence 1 to 6, 8, and 10 (including each number), the result of the on-site verification by this court, the result of the appraiser H's survey and appraisal, the witness I's testimony and the purport of the whole pleadings

2. The argument and judgment.

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