(영문) 대전지방법원 2018.10.10 2017가단200884

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.10.10 2017가단200884

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) On January 14, 1995, on the part of the Defendant, the Plaintiff is deemed to be the Plaintiff’s land prior to C, 1,428 square meters (hereinafter “instant land”).

(2) The Plaintiff purchased 6.48 million won and paid 3.0 million won on the contract date, 3.0 million won on February 28, 1995, and 3.48 million won on the contract date, respectively. (2) The Plaintiff was in need of installing a water tank on the instant land in order to supply water necessary for Posido farmers, and purchased the said land for this purpose.

3) After purchasing the instant land, the Plaintiff installed a water tank on the said land. On September 21, 2004, the Plaintiff continued to use the said land as a water tank site until the dry field was sold to D, etc. A water tank site. If the Plaintiff did not purchase the instant land, it would not be possible for the Plaintiff to install a water tank on the remaining land and use it for a long time. Accordingly, the Defendant is obliged to implement the registration procedure for transfer of ownership on the instant land on January 14, 1995.

5) Although the Defendant asserts that the Plaintiff’s right to claim for the transfer registration of ownership has expired by prescription, the Plaintiff continued to use the instant land as a water tank site from around January 14, 1995 to around September 21, 2004 when sold spodry field D, etc. from around January 14, 1995. From this point, the Plaintiff filed an application for the provisional disposition of prohibition of disposal under the Youngju District Court-dong Branch Branch 2013Kadan326, October 18, 2013, which was within 10 years. The statute of limitations for the right to claim the transfer registration of ownership was interrupted. (b) The Defendant did not sell the instant land to the Plaintiff.

Afterwards, the registration of provisional disposition on the land of this case was found to have been entered, and the cancellation of the provisional disposition was claimed and won.

2 The defendant 2 managed the land in this case, including the reduction of swine, and the water tank claimed by the plaintiff.

유사 판례

-대전지방법원서산지원 2020.05.21 2019가합50429

-수원지방법원안양지원 2016.07.22 2016가단3049

-의정부지방법원 2015.03.02 2014구단340

-춘천지방법원속초지원 2019.05.31 2017가단32116

-창원지방법원밀양지원 2011.06.23 2010가단5375