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(영문) 의정부지방법원고양지원 2016.05.26 2014가합7483
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a clan member of D's 14 years old E's 14 years old, which is composed of descendants, and the defendant is a member of the deceased's clan (hereinafter referred to as "the deceased").

A land was replaced by L, 4,170 square meters (hereinafter referred to as “land after replotting”) as a farmland improvement project around June 25, 1991, for the following reasons: (a) Goyang-gun H (hereinafter referred to as “H”) in Goyang-gun, J 237 square meters; (b) J 145 square meters; and (c) K 1,095 square meters (hereinafter referred to as “the land before the land substitution”); and (d) K 1,095 square meters (hereinafter referred to as “the land after land substitution”).

On December 1, 1993, the defendant completed the registration of ownership transfer on land after replotting due to consultation and division on June 11, 1993.

After replotting, on December 8, 2001, the land was divided into Nan field 4,079 square meters,O field 91 square meters, and the land was divided into Nan field 4,079 square meters, and the land of this case, which included Nan field 99 square meters (the land category was changed to the site on June 9, 201) and C paddy field 3,080 square meters, in which the land of this case was included.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 4, and the purport of the whole argument as to the plaintiff's assertion of the purport of the whole argument, the plaintiff purchased 300 square meters out of three lots of land before replotting in the name of the deceased to cover the expenses for the manufacture of the "P" charity, the grandchildren of 15 years of age, and let the plaintiff cultivate Q Q as the actual owner.

According to the farmland improvement conducted on June 25, 1991, the above 300 square meters was included in the land after replotting along with other land owned by the deceased. The plaintiff, even after replotting, had Q Q’s lighting, etc. cultivate the land of this case amounting to the above 300 square meters among the land after replotting and used it for the above soil.

The plaintiff terminated the title trust on the land of this case by serving a duplicate of the application form for modification of the purport of the claim of this case and the cause of the claim. Thus, the defendant as the heir of the deceased.

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