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(영문) 대구지방법원 2015.04.15 2013나302608
소유권이전등록
Text

1. The plaintiff's main claim and the conjunctive claim that are changed in exchange at the trial are all dismissed.

2...

Reasons

1. Basic facts

A. (1) On July 1, 1950, the Plaintiff’s first real estate of this case was distributed 566 square meters G of the Gyeongsan-gun, Chungcheongnam-gun on July 1, 1950 under the former Farmland Reform Act. (2) The above G reply 566 square meters became the first real estate before the instant subdivision following the alteration of administrative jurisdiction, etc.

3) On February 12, 1997, the Defendant completed the registration of ownership transfer on the first real estate before the instant partition, which was based on the ownership attribution as of September 11, 1948, by the Daegu District Court No. 3813, which was the receipt of the old District Court’s unregistered office, and No. 3813. 4) On December 9, 2004, the first real estate before the instant partition was completed on January 17, 2013.

The instant real estate was divided into KRW 1 and KRW 3m2.

B. The land divided into K on September 28, 1987, 1987, 1,850 square meters for H 1,850 square meters in Gyeong-gun, Gyeong-gun, Chungcheongnam-do. The Defendant completed the registration of ownership transfer for the said land on February 28, 1992, 2465 as the receipt of the same registry office on September 11, 1948, and thereafter the said land became 1,850 square meters in Gu-si, Si-si following the alteration, etc. of administrative jurisdiction. (2) The registration of division on December 9, 2004 became 1,85 square meters in Gu-si.

H is divided into 940 square meters (hereinafter “instant 2 real estate”) and 910 square meters (hereinafter “instant 3 real estate”) in I.D.

4) On June 12, 2013, the Gu-U.S. Si completed the registration of ownership transfer based on the acquisition on May 16, 2013 with respect to the third real estate of this case. (c) The possession relation between each real estate was completed on May 16, 2013. B prior to the birth, occupied the part occupied by the plaintiff among the first real estate of this case and the second and third real estate of this case (hereinafter referred to as the “instant dispute land”). Since the death of January 20, 1976, the Plaintiff’s husband C, who was the second and south of the Plaintiff, occupied the instant dispute land of this case since that time.

2 C died on December 17, 1987. From around that time, the Plaintiff occupied the part of the Plaintiff’s possession of the instant real estate No. 1 until that time, and formed a farmer’s house from December 17, 1987 to December 17, 201.

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