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(영문) 부산지방법원 2014.11.12 2012나18509
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on February 2, 193 in the name of H on March 6, 193 with respect to the land of this case, which was divided into the land of this case on August 7, 2012, and was transferred to 175 square meters in Busan-gun, Busan-gun, for the land of this case on August 7, 2012. The registration of ownership transfer was completed on February 15, 1980 under the name of H on February 15, 1980 on the land of this case, and the registration of ownership transfer was completed on February 18, 198, under the name of H on February 18, 198.

B. L was under the assessment of the Busan-gun E-gun, Busan-gun, which was adjacent to C’s land before subdivision (hereinafter “E land”), and L L’s son acquired ownership of E land on March 1, 1941.

C. M and his children began to reside in E land and this case’s land transferred from J from around 1957.

M was killed on August 1, 1961, but D continued to reside in E land and this case’s land. Around around 1970, M constructed a cement machine and a 36.3 square meters of the instant land on each of the above land (hereinafter “instant housing”).

D continued to reside in the instant house, and completed the registration of ownership transfer on October 16, 1973 with respect to land E on September 22, 1973, and completed the registration of ownership transfer on November 10, 204.

The plaintiff married with D on March 18, 1966 and started to reside together in the housing of this case.

D The Plaintiff died on May 6, 2008, and the Plaintiff continued to reside in the instant house even after D’s death, and completed the registration of ownership transfer on January 23, 2009 for the instant housing and E’s land due to inheritance by consultation and division on May 6, 2008.

E. After dividing the instant land and the instant land, C land is earth fences, blocks, and fences.

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