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(영문) 전주지방법원 2016.09.27 2016가단3814
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 30, 1954, the registration of ownership transfer was completed in the non-party F, who is the Plaintiff, on the land of "820 square meters in Jeon-gun, Jeonbuk-gun, E (the land was 664 square meters before the division on March 9, 1981)" and on December 30, 1954, the registration of ownership transfer was completed on March 9, 1981.

B. On June 19, 190, the land of “240 square meters prior to D” was divided into the land of “240 square meters prior to D” on June 19, 199. The registration of transfer of ownership was completed in the Defendant, a father of the Plaintiff’s small father on July 6, 1990 as of the land of this case on the ground of the sale as of June 20, 1990 following the day after the division of the land of this case, and the registration of transfer of ownership was completed again on March 22, 200.

C. After that, on August 2, 2010, the land in the instant dispute was merged with “H” land in the Jeonju-gun, Jeonbuk-gun, and on June 13, 2013, “H land” was divided into “C, 954 square meters, including the land in the said dispute.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s claim was that “The owner of the Plaintiff’s land adjacent to the land in question was Nonparty G, which is the Plaintiff’s small father, but the Plaintiff and the Plaintiff continued to have a dispute between the said G around June 1990 on the boundary of the said two lands, the Defendant, the Plaintiff’s wife, through Nonparty I, “If the area of the land subject to a dispute is not smaller than about 15 square meters depending on the boundary line, and if I go back to G, I believe that I would return to the said land, and later transfer the ownership of the Plaintiff’s land adjacent to the boundary line,” the Plaintiff believeded the horses and divided the instant land in “823 square meters prior to the boundary line,” and transferred the ownership of the said land in the future on July 6, 1990.”

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