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1. The plaintiff's primary and conjunctive claims that are changed alternatively in this court are all dismissed.
2...
Reasons
1. Basic facts
A. As to the share of 46.5/161 square meters in the Seo-gu, Gwangju Metropolitan City F, which was owned by the Plaintiff, and the share of 532 square meters in cement block structure and cement block structure and 38.28 square meters in multi-story housing (hereinafter “each real estate of this case”), the provisional registration of the right to claim transfer of the entire D share (D appears to be a clerical error in A; hereinafter “the provisional registration of this case”) was completed on August 12, 1978 as of No. 52589 and 52590 on August 11, 1978.
B. On July 24, 1979, in the case of the registration of ownership transfer of real estate against the Plaintiff filed by Gwangju District Court Decision 79No. 65 against the Plaintiff, a judicial compromise was established on July 24, 1979, stating that “The Plaintiff shall pay C the said money by September 30, 1979, and C shall be paid the said money, while C shall perform the procedure for the registration of cancellation of the provisional registration of this case, and if the Plaintiff intended to pay the said money, the Plaintiff shall implement the principal registration procedure based on the provisional registration of this case and deliver the instant real estate.”
C. C, on December 14, 1979, was assigned with an authentic copy of the above protocol of compromise to enforce compulsory execution against the plaintiff on March 6, 1980, and completed the principal registration on March 6, 1980 based on the provisional registration of this case on March 6, 1980, Nos. 7849, and 7850.
With respect to each real estate of this case, the registration of transfer of ownership in the name of the defendant was made on June 21, 1993 with No. 24883, May 18, 1993.
E. On August 16, 1993, the Defendant demanded that the Plaintiff deliver each of the instant real estate to the Plaintiff on the ground that the ownership of each of the instant real estate was transferred by content-certified mail C, and responded that the Plaintiff could not comply with the said demand, and on October 27, 1995, the Defendant demanded again to deliver the instant real estate.
F. Since July 1964, the Plaintiff had been residing in the above house.
【Ground of Recognition】 Evidence Nos. 1 through 6, and Evidence Nos. 1 through 4 (including each number), the witness G’s testimony, and the purport of the whole pleadings.