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(영문) 창원지방법원 2020.01.30 2018나58506
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 30, 1917, the registration of ownership preservation was completed in the name of G on October 30, 1917 with respect to D, 303 square meters (hereinafter “D land”). The Plaintiff is the owner of the above D-owned land (hereinafter “instant building”).

B. On November 30, 1913, 1913, the 307 square meters near the said D land (hereinafter “C land”). Since then, the Defendant’s husband completed the registration of ownership transfer on December 26, 1983 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, Apr. 3, 1982; Act No. 3562, Dec. 31, 1984; hereinafter “Special Measures Act”), and the Defendant completed the registration of ownership transfer on August 8, 2014.

C. The Plaintiff’s father E resided in the instant building and died on September 2, 1987, and the Plaintiff filed a move-in report on D land on October 31, 201.

C Of the land, approximately 66 square meters in the part of the ship connecting each point in sequence 1, 2, 3, 3, 2, 1 and 1 (hereinafter “the target land of this case”) are the same as D land height, while there is a difference between the remaining part of the land of this case and about 2 meters.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 5, 10 evidence, Eul’s 3 through 11, 16, 18 through 20, 23, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) In purchasing D land and the instant building from F around 1945, the Plaintiff’s father purchased approximately 40 square meters of the part inside the instant land connected in order to each point of F, 1, 2, 2, and 3, 40 square meters of the attached drawing among the instant land. around 1960, the Plaintiff purchased approximately 26 square meters of the part inside the instant land connected in order to each point of 2, 3, 3, 3, 2, 2, 2, and 2, from the Defendant’s trial money. The Plaintiff’s father purchased approximately 26 square meters of the part inside the instant land, which was connected in order to each point of 1960s, indicated in the attached drawing (“instant

As the boundary between the Plaintiff and the Defendant’s land is set, this case’s peace and performance is carried out with its own intent.

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