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(영문) 창원지방법원 2019.07.11 2018나60981
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 2, 1956, the Industrial Repair Association of the Plaintiff’s telegraphic body (hereinafter referred to as “Plaintiff”) purchased 1,900 square meters, D 691 square meters, and 263 square meters prior to E, from Sinnam-gun, Busan-gun (hereinafter referred to as “the land prior to the instant subdivision”) from Sinnam-gun, Busan-gun (hereinafter referred to as “the land prior to the instant subdivision”).

B. The net C died on December 4, 1956, and the Defendant, who was the child, succeeded to Australia.

C. Since the Plaintiff completed the G reservoir’s “G reservoir” (hereinafter “instant reservoir”) in the Fri-Gun, Gyeongnam-gu, Busan-do, 1961, the Plaintiff is using it as a reservoir and flood control area.

On November 20, 1961, the land before the instant subdivision was divided into 4,040 square meters and B 2,358 square meters (7,795 square meters) prior to H on November 20, 196, and the aforementioned B B 2,358 square meters were converted from “the previous” to “the maintenance.”

B Maintenance B, 2,358 square meters (7,795 square meters) was divided into 5,025 square meters in B on March 13, 2009 (hereinafter “instant land”), 1,577 square meters in I maintenance, and 1,193 square meters in J maintenance. On May 18, 2009, the land category of 1,57 square meters in I maintenance was changed from “maintenance” to “road”; on August 18, 2009, the said J maintenance 1,193 square meters in land category was changed from “maintenance” to “responding.”

E. The land category was changed to “maintenance” on September 10, 1959, and it was combined with E on August 31, 1987.

On July 25, 1980, the Plaintiff completed the registration of ownership transfer of 3,150 square meters in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate.

(f) As of April 18, 2016, when the court of the first instance verified, the part of the land in the ship connecting each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 38, 37, 36, 35, 34, 33, 32, 31, 30, 30, and 11, 37, 36, 34, 33, 32, 31, 30, and 39 of the land in this case, which are 3,243 square meters and 39, 13,14, 41, 42, 40, and 39 square meters and 26 square meters of the same map; and

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