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(영문) 광주지방법원 2019.05.24 2018나61702
소유권이전등기
Text

1. Of the judgment of the first instance court, the part against the Defendant ordering the Plaintiff to implement the procedure for ownership transfer registration.

Reasons

1. In the first instance trial, the Plaintiff requested the Defendant to perform the procedure for ownership transfer registration, confirm the right to passage over surrounding land, prohibit passage, and remove the steel network and the hack pipe. The court of first instance rejected the remainder of the claim by citing the claim for the performance of the procedure for ownership transfer registration.

In response, the defendant only appealed against the claim for the performance of the procedure for ownership transfer registration. Therefore, the subject of the judgment of this court is limited to the claim for the performance of the cited procedure.

2. Basic facts

A. The Plaintiff’s father E installed, on the ground of the Plaintiff’s husband’s father H and her mother net I (hereinafter “instant grave”) on the land before the division, which is owned by the Defendant’s father’s father and the Defendant’s father’s deceased father’s deceased (hereinafter “the Plaintiff’s father’s father”).

B. As between F on January 19, 1971, E prepares a written contract (hereinafter “instant contract”) with the following terms and conditions (hereinafter “instant contract”) in the presence of J and K (as a witness in the contract) with respect to the instant grave installed in the forest before subdivision, E is a different name of E, although the purchaser is written in M:

A. A real estate transfer agreement

1. Indication of real estate: The instant contract is stipulated as the area of the land in Pyeongtaek-gun L, which appears to be erroneous prior to the division, although it is stipulated as the area of the land in question as the area of the land in Pyeongtaek-gun.

250 square meters among 6 1st 5th 1 and 5th 6th ;

1. 3 Manxa;

정. 우기 右記 이 사건 계약서는 좌측에서 우측으로 한자로 세로쓰기된 문서로 오른 쪽에 '1. 부동산의 표시: 함평군 L 임야 지적 1정 5반 6무 중 250평'의 기재가 있다.

Real estate shall be transferred to 3 Gamena, which was owned by the principal, and shall receive the preceding Article on the date of the contract and shall be signed and sealed by the following:

1. The purchaser shall.

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