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(영문) 제주지방법원 2018.11.27 2018가단51395
소유권이전등기
Text

1. The defendant has each point of the attached Form 13, 12, 11, 10, 9, 8, and 13 among the land size of 864 square meters in Seopo-si, Seopo-si.

Reasons

1. Facts of recognition;

A. D acquired ownership of 1497 square meters in South Jeju-Gun E on October 26, 1971, and the said land was divided into three square meters in around 1975 and became 1494 square meters in South Jeju-Gun E in total, and thereafter became 4939 square meters in Seopo-si, Seopo-si, Seopo-si due to conversion of area and change of administrative jurisdiction.

B. Thereafter, the Defendant completed the registration of ownership transfer on April 20, 1999 with respect to the above F F land based on inheritance by consultation and division on September 28, 1998. Of the F land, the former 864 square meters was divided on May 16, 2014 and became 864 square meters prior to Seopo-si C (hereinafter “instant land”).

C. On November 21, 1964, G acquired ownership on the ground of sale on August 5, 1949 with respect to the area of 1703 square meters prior to H in Seopo-si on November 21, 1964. On August 31, 2007, G was divided into the area of 506 square meters prior to H in Seopo-si, Seopo-si, Seopo-si, and 1197 square meters prior to I Seopo-si, Seopo-si, and on the instant area of 2 land, the ownership transfer registration on the ground of donation was completed on May 30, 190, following the Plaintiff, the son of J on June 12, 2012, the ownership transfer registration was completed on the ground of legacy on May 21, 2012.

The Defendant and the Plaintiff occupied the instant land No. 1 and No. 2 with the boundary of one meter height between the instant land and the instant land No. 2 (hereinafter referred to as “the instant stone fence”). The part successively connecting each of the instant stone No. 8, 9, 10, 11, 12, and 13 with each of the instant stone No. 1 in sequence, which was owned by the Defendant, was installed by erosion of the instant land owned by the Defendant, and the Plaintiff occupied the instant land No. 13, 12, 11, 10, 9, 13 in sequence connected each of the instant land No. 1 in which the Plaintiff owned by the Defendant, among the instant land No. 1 in which the instant land owned by the Defendant, occupied “B” part of the instant land No. 28 square meters (hereinafter referred to as “the instant part”).

[Reasons for Recognition] Fact-finding, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 5-2, Eul evidence 1-2, and this Court's Korea Land Information Corporation.

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