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(영문) 대구지방법원 2016.04.21 2015나301166
소유권이전등기
Text

1. The plaintiff's primary claim and the first preliminary claim are dismissed, respectively;

2.In addition, a new trial shall be added.

Reasons

1. Basic facts

A. The Daegu Dong-gu RR P 987 is the land owned by the deceased P (P, Q birth, death on September 3, 1987) who is the decedent of the remainder of the Defendants except Defendant A (hereinafter “the Defendants of the Republic of Korea”).

B. On July 26, 1937, the land category was changed to a ditch in Daegu Dong-gu L 223 square meters (737 square meters).

C. On September 16, 2010, Daegu Dong-gu L 223 square meters (hereinafter “instant land before the instant partition”) was divided into 221 square meters, M, M, 38 square meters, and N, 12 square meters, and 466 square meters, namely, Daegu Dong-gu L 223 square meters (hereinafter “the instant land before the instant partition”).

(hereinafter “The instant real estate 1” and “the instant 2 real estate” are collectively referred to as “the instant real estate”).

The remaining Defendants are the primary claims of the instant real estate.

On September 3, 1987, the Daegu District Court (Seoul District Court), Daegu District Court No. 35862, Sept. 20, 2012, completed the registration of ownership transfer on each of the shares stated in paragraph (1).

E. Defendant A completed the registration of ownership transfer for the instant real estate No. 1 on October 29, 2012 by the Daegu District Court, Daegu District Court, Daegu District Court, No. 49694, which was received on December 17, 2012, on the grounds of sale and purchase on October 29, 2012. Defendant A completed the registration of ownership transfer for the instant real estate No. 2 pursuant to the Daegu District Court, Daegu District Court, Daegu District Court No. 992, Oct. 29, 2012 on the grounds of sale and purchase.

바. 원고의 전신인 해안수리조합(解顔水利組合)은 1937년 무렵 몽리답에 농업용수를 공급하기 위하여 이 사건 분할 전 토지를 비롯한 그 일대의 토지에 폭 80cm , 깊이 1m 규모의 개거(開渠)를 설치하는 토지개량사업을 실시하면서 이 사건 분할 전 토지를 점유하기 시작하였다.

G. The Coastal Repair Cooperatives was merged with Daegu Repair Cooperatives on December 28, 1961, and Daegu Repair Cooperatives was the Daegu Repair Cooperatives on January 21, 1962, and the Daegu Repair Cooperatives was the Daegu Land Improvement Cooperatives on January 21, 1962, and the Daegu Repair Cooperatives on January 12, 1970.

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