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(영문) 제주지방법원 2015.06.19 2014가단9822
소유권이전등기
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) proposed to the Defendant (Counterclaim Plaintiff) for the presentation of C.

Reasons

1. Facts of recognition;

A. The status E and F of the parties were married couple with G, H, and I as their children, and G and J were married couple with K, L, M, and Plaintiff as their children.

on July 31, 1976, K maintained a legal marital relationship with the defendant and died on January 31, 1981.

B. In Jeju-si, the registration of ownership transfer, etc. with respect to the land C in Jeju-si (1) is the land for which F was assessed on September 3, 1913.

However, after F died on September 23, 1950, G in South Korea also was actually managed by K on June 18, 1936 due to the death of the deceased on June 18, 1936.

(2) K died on January 31, 1981, and thereafter on March 15, 1986, the registration of ownership transfer was completed in the name of the defendant with respect to the land before the split-off.

The J died on January 23, 1987.

(3) On April 12, 1986, the Defendant specified and sold N 368/92 shares of the land before subdivision to N, and 212/92 shares of the land before subdivision to O on May 9, 1987. Around that time, the Defendant completed the registration of ownership transfer for each of the above shares.

N on April 28, 1989, the N completed the registration of ownership transfer to P with respect to his share of land before subdivision.

(3) On April 4, 1998, theO filed a lawsuit against the defendant and P for the partition of co-owned property against the defendant and P as Jeju District Court Decision 98Ga7062, and on September 16, 1998, a compromise between the parties was established between the above courts.

Accordingly, the land prior to the subdivision was divided into C, C, Q, Q, 212 square meters, R, 368 square meters in Jeju-si. On November 21, 1998, the registration of ownership transfer was completed in the name of the Defendant for the instant land, Q, and R in the name of P for the instant land.

C. (1) Around 1961, the Plaintiff occupied the instant land while living together with J by cutting down the portrait house on the instant land.

The plaintiff around that time constructed a stone fence on the boundary of the land of this case, and around 1987.

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