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Reasons
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(영문) 대구지방법원 2014.12.11 2013나8647
소유권보존등기말소
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The J-J 714 square meters (hereinafter “Before subdivision”) in Seoul Special Metropolitan City, Chungcheongnam-do (hereinafter “Seoul Special Metropolitan City”) was the land located under the name of V (V and Japanese name G) on December 20, 1915. On November 15, 1994, the land was divided into the JJ 290 square meters, K large 208 square meters, and C large 216 square meters.

B. ① On March 11, 1995, the registration of ownership transfer was completed in the name of the deceased L in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992) on March 11, 1995 with respect to the 290 square meters J. J. 290 square meters in the name of the Plaintiff on April 7, 2008 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; effective registration of ownership transfer was completed on March 20, 195; ② on March 11, 1995, the registration of ownership transfer was made in the name of the Plaintiff on March 20, 200, the registration of ownership transfer was made in the name of Defendant 205 square meters in the name of the former Act (Act No. 4502, Nov. 30, 1992, 2095).

C. Meanwhile, the deceased L was killed on December 5, 199, and the plaintiff is one of his co-inheritors as his own child.

【Fact-finding without a dispute over the basis of recognition】 The entry of evidence Nos. 1-1 to 3 (the same shall apply to the evidence No. 5-1 to 3) and evidence Nos. 2-1 to 3, 3 and 27, and the purport of the whole pleadings

2. The Plaintiff’s father, the Plaintiff’s father, purchased the land before subdivision from V (V and Japanese name G) around 1950, and then newly built and resided on the ground, on November 15, 1994, sold the said K land to M, and continuously occupied the remaining land and this case’s land.

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