logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원밀양지원 2014.11.19 2012가단4055
소유권이전등기
Text

1. The Plaintiff is 1,557 square meters in Jinyang-si:

(a) As to the shares of Defendant B, C, D, and E, 7/35, respectively:

B. Defendant G is 3/35.

Reasons

1. Facts of recognition;

A. On December 31, 1964, K 2,089 square meters (hereinafter “land before subdivision”) owned the network L, and the registration of ownership transfer was completed on July 8, 1950 with respect to the portion 400/632 in the name of the network M on December 31, 1964. On April 18, 1979, the ownership transfer registration was completed on the same N N land divided into a N 1,105 square meters with the same N 1,105 square meters in the same G 984 square meters on April 18, 1979.

B. According to the Gyeong M, which was enforced in March 2, 1987 after the death of the deceased on March 2, 1987, the land of the same K was replaced with the land of 1577mm2 (hereinafter “instant land”) on June 4, 1992, and the land substitution registration was made on August 21, 1992. The Plaintiff paid the land substitution settlement amount of KRW 2,639,520, and occupied the instant land immediately after the land substitution.

On the other hand, the same N land was replaced with 1,795 square meters in the same PP field.

C. The Plaintiff independently succeeded to the instant land between the deceased M’s heir and the deceased’s heir, and completed the registration of ownership transfer with respect to the deceased M’s share in the instant land pursuant to the Act on Special Measures for the Registration of Ownership Transfer, etc. of Real Estate, which was in force on November 30, 1994.

The deceased on September 3, 2004, the Defendants, the inheritor, succeeded to the shares of Defendant B, C, D, E, E 7/35, Defendant G3/35, Defendant H, and 2/35, respectively.

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, each entry and video of Eul 1 through 6 (including paper numbers), the testimony of witnesses, the fact inquiry result of this court, the purport of the whole pleadings

2. The summary of the party’s assertion: (a) the Plaintiff occupied the entire land before the split-off on July 8, 1950 and occupied the entire K land after the split-off of the said land; (b) after the death of the network M, the Plaintiff occupied the entire K land since August 21, 1992 when the registration of the land substitution was made with the land of this case; and (c) the Plaintiff occupied the entire land of this case for twenty (20) years.

arrow