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(영문) 광주지방법원 목포지원 2018.09.14 2017가단54853
소유권이전등기
Text

1. 피고는 원고에게 전남 함평군 C 임야 271㎡ 및 D 전 7,157㎡ 중 별지도면 표시 ㅍ²,ㅅ³,ㅎ²...

Reasons

1. The Plaintiff’s father and father E (hereinafter “E”) installed, on the ground of the Plaintiff’s father’s father’s father’s deceased and father’s deceased deceased and father’s deceased deceased (hereinafter “the instant grave”) on the ground before the division, the ownership of the Defendant’s father’s deceased and father’s deceased and father’s deceased (hereinafter “F”) before the division, which is owned by the Defendant’s father’s deceased and father’s deceased.

Since then, as between F on January 19, 1971, E prepares a written contract (hereinafter “instant contract”) with respect to the instant grave installed in the forest before subdivision, under the attendance of the witness J and K, with respect to the instant grave installed in the forest before subdivision, as follows, the buyer enters into the instant contract in M, but this is a different name of E:

1. Indication of Real Estate: The instant contract is indicated as the area of land in Pyeongtaek-gun L, the subject of which appears to be written by mistake prior to subdivision, although it is written as the area of land in Pyeongtaek-gun L.

250 square meters among 6 1st 5th 1 and 5th 6th ;

1. 3 Manxa;

[1] The real estate, which was owned by the principal, has been transferred to the 3-Gamen of the fixed time and has been received on the day of the contract, and is signed and sealed by:

1. The purchaser may exercise his/her ownership until a cemetery is buried, and the right on the ground property shall be vested in the transferor;

1. 20 square meters of the cemetery area in order to determine the number of trees around the cemetery as the authority of a purchaser;

The F died on October 6, 1976, and the Defendant completed the procedure of ownership transfer registration for reasons of sale on March 10, 1981, through the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977).

Afterwards, forest land before subdivision was registered as 12,665 square meters of forests and fields N in Pyeongtaek-gun, Chungcheongnam-do on October 18, 201, and was divided into D land, etc.

On October 18, 2016, the Plaintiff filed a lawsuit against the Defendant seeking delivery of 250 square meters out of the forest land before subdivision pursuant to the instant contract.

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