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(영문) 창원지방법원 마산지원 2018.11.13 2018가단101942
소유권이전등기
Text

1. The part of the Plaintiff’s lawsuit against Defendant B regarding the request for cancellation of ownership transfer registration shall be dismissed;

2. The defendant B.

Reasons

1. Basic facts

A. The land in Gyeong-gun, Gyeong-gun was divided into F with 856 square meters (hereinafter “1 land”), 1,121 square meters (hereinafter “2 land”) prior to D, and 49 square meters prior to G (hereinafter “3 land”).

B. Defendant C changed the registration of ownership transfer based on sale on October 15, 1969 with respect to land No. 1 on October 20, 1969; H changed the registration of ownership transfer based on sale on March 10, 1981 with respect to land No. 2 on March 10, 1981 from May 5, 1970 to J (H’s protocol); H completed the registration of ownership transfer pursuant to the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094 of December 31, 197).

The plaintiff completed the registration of ownership transfer on October 20, 1969 for land No. 3 on May 1, 1969, respectively.

C. H was installed on the lower part of the land No. 1; the Defendants, who are the siblings, installed the tombstones of parents on the upper part of the land No. 2; and the Plaintiff installed the tombstones of parents and the booms (including the landscape trees) on the middle part of the land No. 2.

After that, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 7500 of May 26, 2005, hereinafter “Special Measures Act”), H completed the registration of ownership transfer for land on July 13, 2006, due to sale on February 20, 1979, and Defendant C completed the registration of ownership transfer for land on July 27, 2006 on May 10, 1981, respectively.

E. On October 30, 2017, Defendant C completed the registration of ownership transfer on September 20, 2017 with respect to land No. 2 to Defendant B for sale on September 20, 2017.

[Reasons for Recognition] Unsatisfy, Gap 2-7, Eul 9-11 (including a branch number; hereinafter the same shall apply), Eul 2, Eul 2, the result of the appraisal commission to the branch offices of the Korea Land Information Corporation, the purport of the entire pleadings

2. Summary of the plaintiff's assertion

A. Mainly, around September 20, 2017, Defendant B divided the land into the Plaintiff, according to the current status of the installation of each grave, and written the purport of the claim.

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