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(영문) 광주지방법원목포지원 2017.10.18 2016가단54856
토지인도
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant shall draw up to the Plaintiff the annexed Form 1, among the area of 7,157 square meters in Hagu-gun, Jeonnam-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff’s father D (hereinafter “D”) installed, on the ground of the Plaintiff’s husband’s father G and the Plaintiff’s father’s deceased deceased H (hereinafter “the instant grave”) on the ground before the division, which is owned by the Defendant’s father E (hereinafter “E”) prior to the division, the Plaintiff’s father’s father’s husband’s (hereinafter “forest before division”).

B. Since January 19, 1971, D, in relation to the instant grave installed in a forest before subdivision, prepared a contract with the same contents as the following table (hereinafter “instant transfer contract”) in the presence of a witness I and J with respect to the instant grave installed in a forest before subdivision, and entered the transfer contract in M, but this is a different name of D.

The table: The main contents of the transfer contract in this case.

1. Indication of real estate: The transfer contract of this case in Hap-gun K indicated the object as the Hap-gun K, Hap-gun, Hap-gun, which appears to have mistakenly stated the forest before the division.

250 square meters among 6 1st 5th 1 and 5th 6th ;

1. 3 Manxa;

[1] The real estate, which was owned by the principal, has been transferred to the 3-Gamen of the fixed time and has been received on the day of the contract, and is signed and sealed by:

1. The purchaser may exercise his/her ownership until a cemetery is buried, and the right on the ground property shall be vested in the transferor;

1. 20 square meters of the cemetery area in order to determine the number of trees around the cemetery as the authority of a purchaser;

C. On March 10, 1981, the Defendant completed the procedure for the registration of ownership transfer on October 5, 1971 with respect to the forest land before subdivision.

Afterwards, forest land before subdivision was registered as 12,665 square meters of land in Pyeongtaek-gun, Chungcheongnam-do on October 18, 201, and was divided into C, etc.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1 to 5, Eul evidence 1 to 5 (each number is included; hereinafter the same shall apply) or video, respectively.

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