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(영문) 전주지방법원 2017.01.20 2016가단6585
제3자이의
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. A. On January 16, 1976, the non-party sewage pipe, village agricultural cooperative (the non-party sewage pipe prior to the merger: the non-party sewage pipe, the non-party agricultural cooperative (the cooperative prior to the merger) purchased 147 square meters from the first Gun of the former North Korea, and newly constructed a warehouse on the ground (hereinafter "the building of this case") and completed the registration of initial ownership on March 19, 194.

B. At the time of the construction of the above warehouse, the sewage village agricultural cooperative purchased 70 m2 and L 29 m20 m2 and 70 m29 m2, the surrounding land from the deceased J, the father of the defendant, at the time of the construction of the warehouse, but did not immediately register

C. Around February 27, 1995, Non-party Dog M purchased from the sewage pipe, 1995, 70 square meters, 29 square meters, 3, 21 square meters, 4, 102 square meters, 5, 147 square meters, 6, 1 attached buildings, etc. from the sewage pipe, 50 square meters, 50 square meters, 50 square meters, 60 square meters, 1 square meters, 1 attached buildings, etc.

However, on March 30, 1995, the aforementioned court issued a written confirmation to the effect that “(i) the owner of the real estate register injury at 70 square meters prior to K in the former North Korea-gun, and (ii) the said M and the sewage village agricultural cooperative, on March 30, 1995, transferred the 70 square meters prior to K in the former North Korea-gun, and (ii) the 29 square meters prior to L to M without objection, etc. at the time of transfer of ownership after the vehicle’s transfer to M.”

E. After doing so, the above J completed the registration of ownership transfer to the above M on September 3, 1998 with respect to ① 70 square meters before K in the former North Korean-gun, ② L prior to L 29 square meters.

F. However, on January 8, 199, on the ground that the boundary of the former J was ambiguous, such as the seeds summary of the seeds operated by the said J at the time, ① the land of 70 square meters in the K prior to K in the former K in the former North Korea-gun, etc., and the said J’s P and the said M drafted a “written confirmation of boundary” with the boundary of rupture trees between the said warehouse and the seeds on the boundary of each other.

G. The above M completed the registration of ownership transfer to the above J on January 12, 1999 with respect to the above ① the above 70 square meters of K in the Jeon-gun, Jeonbuk-gun, and the death of the above J.

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