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(영문) 대구지방법원 포항지원 2018.07.19 2017가단103403
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the owner of the Defendant’s land.

B. The land, which is the land prior to the division and merger, was owned by F with the area of 1,481 square meters and E, 179 square meters prior to the Nam-gu, Nam-gu, and the subsequent completion of the division and merger of the said land is as shown in the separate sheet, and the location and status thereof are as shown in the separate sheet.

C. The net G purchased from F on May 20, 1995 the area of 741 square meters (in the case of land divided from D land) and E large 179 square meters (including household housing on the land) prior to the division and merger.

Since then, G died on November 14, 1995 and the plaintiff inherited the above land solely and completed the registration of ownership transfer based on inheritance by consultation and division on May 1, 1996.

The plaintiff removed the farming house under the preceding paragraph around 2003 and constructed a light steel structure detached house in the same place.

E. The Plaintiff is occupying part of the tree in the land occupied by the instant case by planting it and using it as a marina.

[Ground of recognition] Unsatisfy facts, each entry or image of Gap 1 through 5 (including each number), the fact inquiry reply to the remaining head of the Gu at the time of this court's port, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The parties' assertion

A. On May 20, 1995, the Plaintiff’s assertion that the land occupied in this case was also included in the purchase subject to purchase, while purchasing 741m2 and 179m2 (including a house of arable household on the land) in the Nam-gu, Nam-gu, Seoul Metropolitan City, which is the land prior to the division and merger.

Since then, the deceased G and the heir have occupied the land occupied in this case in a peaceful way with their own intent.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on May 1, 2016 with respect to the land occupied by the Defendant to the Plaintiff.

B. The Defendant’s assertion G occupied the land occupied in the instant case without permission, and the Plaintiff’s possession, G and the successor, constitutes the possession of the owner.

Therefore, the plaintiff cannot respond to the request.

3. Determination A.

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