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(영문) 대전고등법원(청주) 2017.06.20 2016나12145
지적공부작성 등 처분에대한 무효확인
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The land was divided into three occasions on Apr. 2, 1932, Dec. 30, 1956 and Dec. 15, 1959, with the exception of the remaining parcel numbers, which are common to each real estate in relation to the location change of the pertinent land, as indicated below.

JJJ L N PP RD on December 15, 1959, the Division of April 2, 1932, 1956, Division of December 30, 1956, as of May 16, 1917, as of December 16, 1932, as of December 1959

B. The L/C land divided on December 15, 1959 from J land is subject to registration conversion and partition completion 1) The L/C land divided on December 15, 1959 is subject to the same day E-related land (hereinafter “instant-related land”).

(2) On August 1, 2006, upon the application of G, which was the owner of the pertinent land as of August 1, 2006, registered for the correction of the size of the land to be corrected to 5,906 square meters, and on August 29, 2006, E shall be deemed to have been subject to the division of land on August 29, 2006 (hereinafter “E land after the division”).

(2) On September 15, 197, on the instant land, the ownership transfer registration was made under the Plaintiff’s name on September 19, 2002, and on October 10, 2002, each transfer registration was made under the name of G on September 19, 2002, and the ownership transfer registration was made under the name of B on September 25, 2006 with respect to E land after division.

C. The D land partitioned on December 30, 1956 from the R R land due to registration conversion and partition, which was divided on December 30, 1956, became subject to registration conversion with C previous 298 square meters (hereinafter “instant land”).

On August 3, 1987, registration of preservation of ownership in the name of the defendant was made on the land above C.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 8, Eul evidence Nos. 1 through 3, Eul evidence No. 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. D land which is the land prior to the registration conversion of the instant land, summary of the Plaintiff’s assertion, is the land related to the instant case on December 15, 1959.

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