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(영문) 전주지방법원 2015.02.05 2014나997
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall attach attached Table 1.2 to the plaintiff, among the area of 693 square meters in Jinandong-gun, Jeonbuk-gun.

Reasons

1. Facts of recognition;

A. D, the Defendant’s husband, completed the registration of ownership transfer on November 7, 1967 with respect to the land of this case on the grounds of sale on November 7, 1967, with respect to the land of this case, which is the land of this case on October 28, 2005. The Defendant completed the registration of ownership transfer on the land of this case on October 26, 198 by agreement and division.

B. The Plaintiff purchased part of the instant land from D around 1979 from D to 7 rice, and around that time, the Plaintiff newly built a new plule part of the land so purchased and operated until 1991.

C. Of the instant land at the time of the date of closing argument in the trial, the part (C) part (a) and 218 square meters in the ship (hereinafter “part (b) connected with each point of Annex 14 through 17, 6 through 8, 18 through 20, and 14 among the instant land are occupied by the Plaintiff, and the part (a) and 218 square meters in the ship connected each point of Annex 20, 19, 18, 8 through 11, 22, 21, and 20 in sequence, among the instant land (hereinafter “part (c) are attached to the instant land) are installed in the order of priority between the Plaintiff and the Defendant, and the part (a) connected with each point of Annex 1 through 6, 17, 16, 15, and 14 [hereinafter “part (a)] are installed in the order of priority between the Defendant and the retaining wall, and the part (b) and 449 square meters (a) through 214, 14,2149.

【Ground of recognition】 In the absence of dispute, Gap’s 1, 2, 4, 6, 8, Eul’s 11-2, Eul’s 11-2, the result of the court of first instance’s entrustment of survey and appraisal to appraiser E on February 28, 2012, the result of the court of first instance’s on-site verification by the court of first instance, the result of the on-site verification by the court of first instance, the purport of all pleadings

2. Determination

A. The gist of the Plaintiff’s assertion is as follows: (a) around December 31, 1979, the Plaintiff connects the respective points in attached Form 12, 13, 14, 7, 8, 15, and 12 of the attached Form 2 among the 693 square meters in Jinanan-gun, Jinandong-gun, Jinandong-gun, North Korea.

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