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(영문) 창원지방법원 통영지원 2017.01.12 2016가단22010
소유권말소등기
Text

1. Of the instant lawsuit, the part of the lawsuit against Defendant C is dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

Reasons

1. Basic facts

A. Defendant C’s father, who indicated the location of the land, shall complete the registration of ownership transfer as the receipt No. 21059 on July 23, 1980, with respect to the Changwon District Court’s Dong Office (hereinafter “si Office”) regarding the Dongsi F (hereinafter “H parcel number”) barring any special circumstance.

B. On November 5, 1980, I, the father of the Plaintiff, completed registration of preservation of ownership on J.

C. From J, on March 8, 1984, K 34 square meters was divided. D.

From F, on March 8, 1984, Lous 14 square meters and D large 34 square meters (hereinafter “instant land”) were divided, respectively.

E. N on March 8, 1984 was divided into M. N.

F. E-type E-O completed the registration of ownership transfer pursuant to Act No. 3562, Jun. 27, 1984, No. 10360, Mar. 5, 1970, for sale and purchase.

G. On March 5, 1985, K 34 square meters in M, and on March 29, 1985, L 14 square meters in M were each merged.

(The date of the annexation of the land ledger shall be August 14, 1987)

H. On August 12, 1998, the Plaintiff completed the registration of ownership transfer due to inheritance due to a consultation and division as of August 16, 1998, No. 27065, which was received on August 12, 1998.

I. Defendant C completed the registration of ownership transfer on July 16, 2013, No. 37895, which was received on July 16, 2013, due to a consultation division, on January 3, 2006.

(j) Defendant B, the wife of Defendant C, completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) based on the donation (hereinafter “instant donation”) from No. 79867, Dec. 21, 2015, which was received on December 21, 2015, from the macro-registration office, to December 21, 2015.

(k) The allocation status of the above land shall be as shown in the certified copy of the cadastral map in the annexed sheet.

[Reasons for Recognition] Facts that there is no dispute between the parties, each entry of Gap evidence 1 to 3 (including additional numbers), Eul evidence 2, Eul evidence 3-1 and Eul evidence 3-2, and the purport of the whole pleadings

2. Defendant C’s defense prior to the merits.

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