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(영문) 춘천지방법원 2014.10.22 2012가단12910
토지인도등
Text

1. The Defendant (Counterclaim Plaintiff) survey the Plaintiff’s cadastral status of attached Table 1 out of attached Table 10,175 square meters before the J of Hongcheon-gun, Gangwon-do.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either in dispute between the parties or in full view of the purport of the arguments as to the results of the inquiry of facts about M pages of this Court, as a result of the request for surveying and appraisal by this Court, as follows: Gap's 1 to 7, 9, 11, 12, 14 to 19, Eul's 1 to 10, and Eul's 1 to 10, and Eul's 1 to 10 (including each number).

On March 7, 1976, the Gangwon-do N2,409 square meters prior to the subdivision of the 32,409 square meters prior to the subdivision of Hongcheon-gun N prior to the subdivision (hereinafter “N land prior to the subdivision”) was divided into five parcels, including the 10,175 square meters prior to the J of Hongcheon-gun, Hongcheon-gun, Gangwon-do (hereinafter “instant land”), and completed the continuous division process thereafter. The process is as shown below (attached 1).

[Attachment 1] On March 7, 1976, division on June 7, 2004, division on May 7, 2005, division on May 7, 2005, division on May 7, 2006, and on January 8, 2007, division on May 8, 2007, and on April 29, 2009, 10,175 square meters (the instant land) before 32,409 square meters and 20,436 square meters and 4,452 square meters and 2,266 square meters and 992 square meters and 992 square meters and 1,984 square meters and 1,984 square meters prior to the division (the instant land) and 32,4036 square meters and 10,436 square meters prior to the O, but prior to the 992 square meters and 2,984 square meters in Q, A2062, A297 square meters and 97.

B. The registration was completed on June 30, 1965 between C and K on the N land before the division and the N land after the division.

(2) On March 25, 1983, the registration of transfer of ownership under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, Apr. 3, 1982; hereinafter “Special Measures Act”) was completed on the ground of sale and purchase as of February 5, 1968 in AC, and the co-property inheritors inherited the pertinent land due to the death of AC, and the registration of transfer of ownership was completed on July 6, 2012 as the above co-property inheritors sold the instant land to the Korea Rural Community Corporation, and the Korea Rural Community Corporation sold each of them to the Plaintiff.

(3) On the other hand, as seen earlier, AD is included after the division of N-Land before the division.

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