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(영문) 수원지방법원안양지원 2014.06.12 2013가단7668
소유권이전등기 등
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 Plaintiff owned D with respect to the portion of 10/85 out of the above land on June 17, 1977, which was the father of the Plaintiff, and on December 9, 197, the remaining portion of D was transferred to the Defendant on December 9, 1977, and the ownership transfer registration was completed in the Defendant’s future as to the portion of 75/85 out of the above land on December 9, 197.

B. Since then on March 22, 1999, part of the C’s land before subdivision was divided into one hundred and forty-eight square meters (hereinafter “F’s land”) and the said C’s land left one hundred and thirty-three square meters (133 square meters).

(hereinafter “C land after division”). (c)

After subdivision, the Defendant’s shares in C were transferred to G on September 6, 2005, to H on April 21, 2009, to I on November 4, 2010, and the ownership transfer registration was completed on February 25, 2012 due to the inheritance by consultation division on February 25, 1994 after the deceased’s death.

On the other hand, the deceased E owned a J 202 square meters of land in Ansan-gu, Yandong-gu, Mayang-gu, where the boundary between the land C and C was adjacent to the land before subdivision (hereinafter “J land”). However, the above J land was completed each ownership transfer registration of the Plaintiff (2/11 shares) and K (9/11 shares) due to inheritance by agreement division after the deceased E’s death on February 25, 1994.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence 1, 2, Gap 4-1 to 3, Gap 5, Gap 6-1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s father He, as the Plaintiff’s father, acquired 33 square meters of land indicated in the annexed cadastral map (A) from J land in the mid-1960s, and completed the registration of ownership transfer on June 17, 1967, in order to secure a passage from J land to J land for contribution, and thus, the network E and D shared the land prior to the said division with sectional ownership.

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