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(영문) 창원지방법원 2016.01.19 2015나9008
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The scope of the judgment of the court of first instance that dismissed the Plaintiff’s primary claim and accepted only the conjunctive claim, and the Defendants appealed only against the judgment of the court of first instance that accepted only the conjunctive claim. Thus, the scope of the judgment of this court

2. Basic facts

A. N andO are as follows: (a) the record, etc. of the registration of the 665 square meters of land for a stock farm in Gyeong-gun, Gyeongnam-gun (hereinafter “instant land”); (b) N and P are as follows: (c) Q2,959 square meters prior to the division, Qu-gun, Gyeongnam-gun, P on June 15, 1981, which was owned by P (hereinafter “one land prior to the division”).

The registration of ownership transfer was completed on September 10, 1968 with respect to each of 1/2 shares in each of them. (2) Around 1992, land 1 that was divided into Q2,933 square meters in Q2, and 26 square meters in each 1/2 shares in each of them, and the registration of ownership transfer was completed on the ground of consultation on December 17, 1992 by Boan-gun with respect to the said roads.

3) On May 10, 1995, the Plaintiff completed the registration of transfer of ownership based on the purchase and sale as of April 9, 1995, with respect to the O’s share of 7640/2930 square meters in Q, 2,933 square meters in Chungcheongnam-gun, Chungcheongnam-do. (4) on October 4, 1996, Q, 2,933 square meters in Q, Q, 2,268 square meters in Q, 2,268 square meters in Q and 665 square meters in M.

5) On January 23, 1997, the land category of 665 square meters was changed to a stock farm site, which was 665 square meters prior to the Haan-gun, Chungcheongnam-do. 6) The Plaintiff completed the registration of transfer of ownership on November 12, 2013 with respect to 1/2 portion of N among the land No. 1 in the instant case on November 12, 2013.

B.O completed the registration of ownership preservation on December 30, 1980 with respect to the land of 42 square meters (hereinafter “instant land”).

C. The Defendants are the successors of the networkO, and their inheritance shares are as shown in the attached list.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 through 3, 5 through 7, and 9 (including additional numbers), the result of on-site inspection conducted by the court of first instance, the purport of the whole pleadings

3. Determination

A. 1 As to the land of this case, the existence of possession No. 5 to 8, 10, 11 of Gap (including virtual numbers), and the court of first instance.

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