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(영문) 춘천지방법원 2017.01.12 2016가단53315
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts can be acknowledged in light of the following facts: Gap evidence 1, Gap evidence 2, Eul evidence 3, Gap evidence 4, Gap evidence 5, Gap evidence 6-1, 7, Gap evidence 9, Gap evidence 11-2, Eul evidence 5, Eul evidence 6, Eul evidence 10-1 and 2, Gap evidence 10-2, and the whole purport of the pleadings, and there is no other counter-proof evidence.

According to the Land Survey Book drawn up during the Japanese occupation period, Non-Party C, who resides in the Sungmun-gu, Sung-gun, 1915 (Seoul 4 years in large) on July 10, 1915, was under circumstances of 346 square meters prior to Chuncheon-gun D.

B. The deceased on January 5, 1917, and the deceased on the part of Nonparty G, H, I, J, and the Plaintiff were their respective successors. The deceased on August 11, 1927, the deceased on the part of Nonparty E and became the deceased on the part of Nonparty G, H, I, J, and the Plaintiff.

C. 346 square meters prior to Chuncheon-gun D was changed to B 1,144 square meters (hereinafter “instant real estate”) due to the change of administrative district, conversion into the area, etc.

On December 10, 2015, Nonparty G, H, I, J, and Plaintiff agreed on the division of inherited property that the Plaintiff would own the instant real estate.

E. On November 22, 1957, Non-party K completed the registration of ownership transfer for the restoration of the instant real property on November 29, 1980. Non-party L completed the registration of ownership transfer for the instant real property on January 9, 1969. Non-party M completed the registration of ownership transfer for the instant real property on March 1, 1995 by agreement division on December 23, 201, and the defendant completed the registration of ownership transfer for the instant real property on December 23, 2010.

2. Determination

A. As to the Plaintiff’s assertion, the Plaintiff’s instant real estate owned by the Plaintiff.

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