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(영문) 창원지방법원 2015.11.27 2015가단1171
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 3, 1981, the Defendant completed the registration of initial ownership transfer under the former Act on Special Measures for the Registration of Ownership of Real Estate (Law No. 3094, Dec. 31, 197) with respect to the 3,117 square meters of the window C in Changwon-si, Changwon-si. On August 18, 1987, the registration of creation of a mortgage over the maximum debt amount of KRW 9 million with the Myeon-dong agricultural cooperative as a mortgagee, the registration of creation of a mortgage over the maximum debt amount of KRW 6 million with the Myeon-si agricultural cooperative as a mortgagee, on April 12, 1990, the registration of establishment of a mortgage over the maximum debt amount of KRW 30 million with the Myeon-si agricultural cooperative as a mortgagee, and on May 11, 1992, the registration of establishment of a mortgage over KRW 60 million with the maximum debt amount of KRW 1 million with the Myeon-dong agricultural cooperative as a mortgagee, respectively.

(B) The registration of the establishment of neighboring facilities on May 16, 2014 was made with regard to the division as listed below (B) and the three preceding 2,590 square meters of the window of Changwon-si after the merger.

On March 30, 1995, the previous C, 3,117 square meters was divided into C, 2,431 square meters, D, 527 square meters, and E, 159 square meters prior to Changwon-si, Changwon-si, and the said C, 2,431 square meters and E, 159 square meters prior to E was combined with C, 2,590 square meters prior to Changwon-si, Changwon-si, on April 8, 201 (hereinafter “instant land”).

C. From July 1, 1980 to the present date, the Plaintiff occupied the portion (A) of this case in the part (a) of 455 square meters in the ship (hereinafter “the part (a) of this case”) which connects each point of the attached drawing Nos. 1, 2, 1, 2, 1, 2, 2, 2, 23, 24, 25, 26, 27, and 1 among the instant land in sequence.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1-1, 1-2, and this Court's request for measurement and appraisal to the Vice Governor of the Korea Cadastral Corporation, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff occupied the part of the case (A) from July 1, 1980, and the possession of the plaintiff is presumed to have been performed in a peaceful manner according to the intention of the owner pursuant to Article 197(1) of the Civil Act, barring any special circumstances.

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