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(영문) 광주지방법원순천지원 2014.02.14 2012가단17657 (8)
소유권말소등기
Text

1. 소외 D에게, 별지 목록 기재 부동산 중 별지 도면 표시 ㅂ1, ㅅ1, ㅇ1, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ, ㅎ,...

Reasons

1. Basic facts

A. The Plaintiff’s land occupation 1) Nonparty D is Nonparty D, on May 25, 1915, deemed E prior to the annexation (hereinafter “E”).

) F 대 340㎡{별지 목록 기재 부동산 중 별지 도면 표시 ㅂ1, ㅅ1, ㅇ1, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ1, ㄴ1, ㄷ1, ㄹ1, ㅁ1, ㅂ1의 각 점을 순차로 연결한 선내 (나) 부분이 그것이다.

hereinafter referred to as “instant land”).

(2) At around 1969, the Plaintiff newly built one house on the instant land along with the deceased G (Death on January 27, 1986) whose spouse is his spouse, and thereafter occupied and used the said land as its site from around that time.

B. Registration 1 as to the land in the name of the Defendants) Defendant B on March 31, 1994, as to the land in this case, the former Act on Special Measures for the Registration of Transfer of Real Estate Rights (amended by Act No. 3094, and amended by Act No. 4586, Mar. 31, 1994; hereinafter “Special Measures

(2) The registration of initial ownership was completed by the Corporation (hereinafter “instant registration of initial ownership”).

) The above registration of preservation of ownership guarantees the purchase of the land of this case by Nonparty H, I, and J from Defendant B around March 19, 1985. The letter of guarantee to the effect that the land of this case was purchased by Nonparty B (hereinafter “instant letter of guarantee”).

2) On June 27, 2000, Defendant B donated the instant land to Defendant C, and completed the registration of ownership transfer based on the said donation on June 28, 2000.

3) On January 13, 2012, the instant land was combined with K large 274 square meters and became part of the real estate indicated in the separate sheet. [Grounds for recognition] There is no dispute, and Gap evidence 2 through 5 (including the land number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The gist of the Plaintiff’s assertion is as to Nonparty D, who is the owner of the above land, on December 31, 1988, when 20 years have elapsed since the date of possession, since since 1968, occupied the above land in peace and openly as owned by the intent of the Plaintiff from the date of possession to the date of its possession.

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