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(영문) 수원지방법원 2015.06.18 2014나46270
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The defendant on June 4, 1974, owned and occupied the land, etc. listed in paragraph (1) of the attached Table 1 (hereinafter “instant land”) shall be the land listed in paragraph (1) of the attached Table 1 (hereinafter “instant land”).

(2) On February 29, 1980, the Plaintiff A and B acquired the ownership of 2,532 square meters of land in Pyeongtaek-si G orchard. (2) On February 29, 1980, the network I, the Plaintiff A and B’s subsidiaries, completed the registration of ownership transfer with respect to 51,002 square meters of land for Pyeongtaek-si H farm located adjacent to the instant land (hereinafter “H land”). As of February 28, 2000, Plaintiff A, among H land as of February 28, 200, completed the registration of ownership transfer with respect to 6,175 square meters of land in H; Plaintiff B, 38,420 square meters of land in 51,20; Plaintiff C and D, each of which completed the registration of ownership transfer with respect to 3,306 square meters of land in question.

3) The instant land and H land were divided into the upper land located in each “bb” as indicated in the separate sheet (1) and (3), and the upper land was subdivided into the upper land and the lower land. The cadastral record was destroyed at the time of the Korean War, and the cadastral record was restored around May 1967. The cadastral record, which was restored at the time, was registered as the land subject to correction of registered matters (Correction of Boundary) on December 28, 2009, stating that the instant land was invaded by H, and the cadastral map on the instant land and H land was revised as the current cadastral map on March 26, 2012. (4) From around 1974, the Defendant cultivated the upper land above the upper land of the instant land and H land, and from around February 29, 1980, the net I leased the instant land to J to enter the portion of the land, which was indirectly included in the said portion of the land, with the exception of the said portion of the said farmland owned by the Defendant.

B. The Defendant, the Plaintiff, and the other party-related case No. 1), shall not be deemed to have filed a lawsuit against the Plaintiff, the Plaintiff, the Plaintiff, and the other party-related case No. 2012Gadan8210, which the Defendant occupied and cultivated among the H land No. 2012Gada8210.

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