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(영문) 대전지방법원 2016.01.12 2015나104884
소유권이전등기절차이행 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

On July 7, 1951, the name of the administrative subdivision was changed from Seosan-gun to Taean-gun on October 28, 1997.

D Purchasing 80,482 square meters (hereinafter referred to as “D land”) before partitioning, and completed the registration of ownership transfer on November 17, 1954.

However, on November 24, 1984, the said D land was divided into the E-Maintenance 13,014 square meters and the F salt farm 58,154 square meters, and the said F land was reduced to 9,214 square meters, and the said F land was registered as the F salt farm 48,123 square meters (hereinafter “F land”) in Chungcheongnam-gun, Chungcheongnam-gun, the area of the division of which is reduced.

Attached Form

On December 3, 2002, each land entered in the list (hereinafter referred to as "each land of this case") has been registered as ownership preservation owned by the defendant.

The Deceased used D land as a salt farm, and operated it as a fish farm from around 1998. Each of the instant lands is adjacent to F land divided from D, and the land category of each of the instant lands listed in paragraphs 1 and 3 of the attached list is a fish farm.

The Deceased died on June 29, 2004, and the Plaintiff succeeded to 2/21 of the net B’s property.

【In the absence of dispute, the Plaintiff’s assertion on the ground of claim as to Gap’s evidence Nos. 1, 2, 3, 4, 5, 6 (including family numbers; hereinafter the same shall apply), and Eul’s evidence Nos. 2-2, and the ground of claim as to the purport of the entire pleadings, the deceased occupied each of the instant land while constructing a house and operating a salt farm around that time, by misunderstanding the land adjacent to D’s land as part of D’s land. Around 1998, the deceased discontinued the salt farm and operated a fish farm on the said land. After the deceased’s death, the deceased’s heir continued to possess the said land by leasing a fish farm to a third party.

In particular, each land listed in the attached list 1 and 3 is classified into two fishing grounds and the deceased used as a site for two fishing grounds together with D land, and the deceased is a house on the land listed in the attached list 2.

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