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(영문) 제주지방법원 2020.01.13 2018가단59269
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The graveyard of this case is located within G orchard 3,035 square meters (hereinafter “the instant orchard”) in Jeju-si, as in the form of the cadastral map attached hereto.

H purchased the ownership of the instant orchard on June 12, 1997.

The Plaintiff and I purchased the instant orchard from H on March 20, 2014, and completed the registration of ownership transfer in the name of joint ownership (each 1/2 equity) on May 13, 2014.

The Plaintiff was donated 1/2 of the instant orchard by I on February 13, 2017, and became a sole owner on February 16, 2017, after completing the share transfer registration on February 16, 2017.

J received the assessment of the instant graveyard on August 1, 1913 at the time of the land investigation during the Japanese colonial era.

The J died on June 17, 1935, and the family heir K succeeded to the property.

K died on June 9, 1944, and the family heir L succeeded to the property.

L died on November 6, 1996, and Defendant B, C, D, and E, the wife, and their children, jointly succeeded to the property.

M has died on September 30, 2005, and the defendant B, C, D, and E, a child, jointly inherited the property.

[Ground of recognition] Evidence Nos. 1 through 7, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Summary of both parties' arguments;

A. From June 12, 1997, Plaintiff H occupied the instant orchard along with the instant orchard, which acquired the ownership of the instant orchard. On March 2014, Plaintiff H transferred the instant orchard and the instant cemetery to Plaintiff and I while selling the instant orchard to the Plaintiff.

Since then, the Plaintiff and I occupied the instant orchard and the instant cemetery, and I donated 1/2 of the instant orchard to the Plaintiff in February 2017, and the Plaintiff solely occupied the instant orchard and the instant cemetery after I donated 1/2 of the instant orchard to the Plaintiff.

The cemetery of this case did not have a dumnasium or mountain pots (cump around Jeju-do dumnasium) before H acquired the instant orchard, and H and I had known that the graveyard of this case existed within the instant orchard.

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