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(영문) 부산지방법원동부지원 2019.10.17 2018가단219699
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Facts of recognition

On September 5, 1927, the deceased G (the deceased on April 10, 1959) completed the registration of preservation of ownership with respect to the “H 132 square meters in Busan-gun, Seosan-gun,” and the said land was divided into the land indicated in the attached list (I, 102 square meters in size, J road 30 square meters in size, hereinafter “instant land”).

After the death of the deceased G, the instant land was inherited to the heir G, and again inherited to the Defendants after the death of the deceased K.

(Specific Inheritance Shares are omitted). L and M are adjacent to the land in this case (H land; hereinafter referred to as “land”).

On May 26, 1995, the Plaintiff completed registration of preservation of ownership of M land under the Act on Special Measures for the Registration of Real Estate.

(A) On the other hand, according to the general building ledger, M land is registered with the block structure/string 1, block/strest 1, block/strest 1, soil straw / 1, and soil strest / 1, with 2 houses built by the plaintiff and approved for use in 1955.

However, according to the actual situation, there seems to be no stables and composts among the registered buildings.

On the other hand, on the ground of the land of this case, one debt of a farm warehouse in an unregistered state, and one debt of a conventional toilet is established.

[Ground] Facts without dispute: Gap 1 through 3, 6, 10 through 12 (including paper numbers), each entry of the whole arguments, the purport of the plaintiff's opinion, but the plaintiff's opinion set up the plaintiff's opinion on the L land before 1942, set up one stock and one stock as an appurtenant building on the land of this case before the division, and live in M's land.

However, since around 1955, the network N has set up a house on the ground of M and moved it to the same place, and still has occupied and used the stable and compost of the land of this case.

A stable, compost, which is recorded in the building ledger of M land shall be a farm warehouse ( stable) and a customary toilet on the ground of the land in this case.

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