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(영문) 대구지방법원 김천지원 2021.03.31 2020가단33601
소유권이전등기
Text

1. The defendant is based on the sale on April 1, 1994 with respect to the share of 599.93/724, out of 127 square meters in Gu, Si, Gu, Si, Gu, Si, and Gu.

Reasons

1. Facts of recognition;

A. The land before the instant partition was transferred as indicated below by the division and ownership transfer process 1) of D large-724 square meters (hereinafter “land before the instant partition”) in the Gu-si, Gu-si (hereinafter “the instant land before the instant partition”).

Before the instant partition, the unit of 544.16/724 shares in the land was indicated as the shares converted into a plot of land.

(hereinafter the same shall apply)

On September 10, 1987, the land before the division was divided pursuant to the Act on Special Cases Concerning the Division of Public Land and the land before the division was completed on May 21, 2013 and was registered as the alteration of the ownership on May 24, 2013 on the ground that the completion of the registration for the transfer of ownership (the completion of the registration for the transfer of ownership under the name of F on September 10, 1987) under E on May 24, 1994 among the shares in the defendant's share after completing the registration for the transfer of ownership under the name of the defendant (hereinafter referred to as "land of this case"), and the land before the division was registered as the alteration of ownership on May 24, 2013 on the ground that the ownership was acquired due to the confirmation of subdivision under the same Act.

B. 1) The Defendant collected 1 g of trees planted on the instant land from the Plaintiff, and filed a lawsuit seeking removal of each building on the said land (Seoul District Court Decision 2019Gadan32664, Daegu District Court Decision 2019DaGa32664). The Plaintiff filed a counterclaim against the Defendant (Seoul District Court Decision 2019DaGa340666, Daegu District Court Decision 2010, Sept. 10, 2007) against the Defendant to implement the procedure for registration of transfer of ownership on the instant land due to the completion of the statute of limitations for acquisition on September 10, 2007.

2) In the above case, ① the Plaintiff collected 1g of trees planted on the land of this case from the Defendant, and ordered to remove 2 bonds on the land of this case; ② the Defendant was sentenced to the Plaintiff to implement the procedure for registration of transfer of ownership on the ground of completion of prescription on September 10, 2007 with respect to 124.07/724 shares on the land of this case. The judgment became final and conclusive as the withdrawal of the Plaintiff’s appeal on April 22, 2020 [Tgu District Court 2020Na30208, 2020Na302095 (Counterclaim), hereinafter the same shall apply).

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