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(영문) 창원지방법원 2018.10.11 2017나61628
소유권이전등기말소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On December 9, 1976, the Plaintiff completed the registration of transfer of ownership on December 3, 1976, as to the 347 Y-gun B (hereinafter “instant 1”) and C 1,606 Y-gun (hereinafter “instant 1”) and C 1,606.

On July 19, 1983, the Defendant paid the Plaintiff the compensation as follows (hereinafter “instant compensation”) and affixed the Plaintiff’s signature and seal on the payment ledger (hereinafter “instant payment ledger”).

Meanwhile, around January 9, 1984, the Defendant paid the compensation for flood restoration to E, who is the neighboring landowner. The Plaintiff’s address was indicated in the current real estate registration book at the time of the payment of compensation, but the Plaintiff’s address is indicated in the payment book of this case as “Tcheon-gun F,” which is the resident registration address at the time of the payment of compensation. The Plaintiff’s address is indicated in the payment book of this case in CD - 3,085 613(1,50,627,50 B- - 1,50 of the first settlement of the main number included in the land cadastre unit price for the land cadastre, which is included in the unit price for the land cadastre, for the first settlement of the unit price for the unit price for the land cadastre at the time of the payment of compensation.

On May 1, 1995, the land category of this case was changed (the area is converted into 1,147 square meters) to a river.

On the other hand, the 1,606 Mancheon-gun, Gyeongcheon-gun, was registered on November 15, 1978 by converting it into the 5,309 square meters. On October 31, 1983, the land category was changed simultaneously with the division into the 5,125 square meters of C river and the 184 square meters of D bank.

(C) The Defendant completed the registration of ownership transfer under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, hereinafter “Special Measures Act”) on the ground of donation on May 1, 1995 with respect to the land of this case on April 5, 1983, and completed the registration of ownership transfer under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (hereinafter “Special Measures Act”), on June 22, 1995, on the land of this case No. 2 of this case on April 5, 1983.

Each of the above registrations of ownership transfer is "each of the above registrations of ownership transfer."

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