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(영문) 대구지방법원 2017.11.15 2017가단206
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, invalidation, etc. hereinafter “Special Measures Act”), the basic fact-finding network D completed registration of ownership preservation on May 21, 1981, pursuant to the Daegu-gu Seoul-gu Seoul-gu 217 square meters (hereinafter “the instant real estate”).

On December 6, 2006, the defendant received the donation from the deceased D, and completed the registration of ownership transfer on December 7, 2006.

From the 1930s to 22.57m2 on the ground of 98m2 on the ground of “1” portion among the instant real estate, which connects each point of the attached drawing Nos. 1 through 16 and 1, among the instant real estate, a wooden house of 6.07m2 was extended in the 1960s (hereinafter collectively referred to as the “instant housing”). In the building ledger of the instant real estate, the deceased E is the owner, and the Plaintiff, as the heir of the deceased E, completed the registration of initial ownership on March 5, 2015.

The plaintiff was born in the instant house on April 7, 1965, and was killed in the instant house until March 4, 1985. The deceased was killed in the instant house until December 28, 1982.

The cadastral survey was conducted on December 9, 1993 on the part of the site of the instant housing among the instant real estate.

According to the results of the above survey, the area of the site of the instant housing is 112 square meters.

In addition, on May 23, 2013, the Defendant delegated the Plaintiff with respect to the survey of the instant part of the instant real estate, with respect to all acts pertaining to the request for cadastral survey and on-site entry meetings, and at the time of the survey, the survey engineer entered the Plaintiff’s name at the bottom of the land use planning confirmation letter stating “Division of approximately 30 to 35 square meters with the on-site building and the scheduled division line,” and affixed the Plaintiff

Among the instant real estate, the survey was conducted on November 18, 2013 on the part of the site of the instant housing among the instant real estate, and the survey results are as shown in attached Table 1, and the site of the instant housing.

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