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(영문) 창원지방법원 2016.09.27 2016나51808
소유권이전등기
Text

1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap 2-3, 5-1-3, Eul 1-3, 4-1-2, 5-1-4, 21-1-4, 22-1-2, witness I of the first instance court and J, witness I of the first instance court, and witness I of the J, the result of on-site inspection conducted by the first instance court, and the whole purport of the arguments of the appraiser K.

1) The Defendant’s father deceased D (the name due to death on October 5, 1971 and the name due to the name of Chang-si] shall be the Fran-si on October 29, 1960 square meters (hereinafter “F land before the annexation”), 169 square meters.

(2) The Defendant completed the registration of ownership transfer relating to F F land prior to the merger as to October 11, 1979, with the Changwon District Court Law No. 16889, Oct. 11, 1979, which was received on February 5, 1965, and completed the registration of ownership transfer due to sale on February 5, 1965. The Changcheon District Court Decision No. 16891, Oct. 11, 1979, which was issued on February 5, 1965 (hereinafter “B before the merger”) completed the registration of ownership transfer due to sale on February 5, 1965.

3) On January 13, 1993, the Defendant constructed a brick brickd house 97.66 square meters on the F’s land before the annexation and on the C’s land before the annexation. 4) The F’s land before the annexation was merged into the C’s land before the annexation on July 18, 2007, and the registration of the annexation was completed on August 3, 2007, as to the C’s land at issue (hereinafter “C’s land after the annexation”).

B. 1) The deceased G, the father of the Plaintiff’s land (Death on April 20, 1984) was changed to the land category of the Plaintiff before the merger, and the area was 800 square meters due to the conversion of the area into the unit of area, and the size was 800 square meters.

hereinafter referred to as “H land”).

(2) On June 7, 1974, the registration of transfer of ownership was completed on the land of Changwon District Court, Changcheon District Court No. 4732, Jun. 12, 1964, and July 31, 1954. (2) The Plaintiff completed the registration of transfer of ownership on the land of Changwon District Court No. 5474, Mar. 24, 1995, which was made by donation on June 7, 1974.

C. The plaintiff's land status is 1.

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