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(영문) 광주지방법원순천지원 2017.07.05 2016가단13301
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 18, 1971, the Defendant’s network D purchased from E the KRW 41,000 of the purchase price of KRW 41,00,00 for the first five-half of the first five-party forest land in the Jeonnam-gun (hereinafter “instant land before the instant subdivision”). The ownership transfer registration was completed in the Defendant’s name on May 16, 1973 according to the interim omission registration agreement.

B. On January 13, 1978, the Defendant sold part of the land before the instant partition to F, and divided the land before the instant partition into five to five to six to six to six to five to five to half to be registered for transfer of ownership in the name of F.

C. On May 20, 1973, the Defendant sold part of the land before the instant subdivision to G in KRW 20,000, and divided the land before the instant subdivision into KRW 487,00,000.

Around May 12, 1998, the Defendant divided the area of 1,063 square meters from the land before the division of this case into the 1,063 square meters and sold it to the J around October 5, 200.

E. Ultimately, the instant land prior to the instant partition was divided into ① one-half of the five-one-one-one-one-one-one-one-one-half-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-half-gun, Jeonnam-gun, ③ 1,063 square meters of 1,063 square meters of Kanam-gun, and ④ 3,905 square meters of

F. Meanwhile, the Plaintiff occupies part of the instant land by installing a grave or planting green trees.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, 9, 10, 12-2, Eul evidence 1 through 5, 8, 14, and 22-2 (including provisional number) and the purport of the whole pleadings

2. Judgment as to the main claim

A. On May 26, 1975, Dong K, the plaintiff's main point of the argument, purchased the land of this case from Dong K, the defendant's put forward on May 26, 1975, and the plaintiff was donated from Dong K. Thus, the defendant is obligated to implement the procedure for the registration of transfer of ownership on May 26, 1975 to the plaintiff.

B. We examine the following circumstances, i.e., the determination: (a) the aforementioned facts and the purport of the entire arguments.

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