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(영문) 대구지방법원 2021.02.18 2020가단118176
소유권이전등기
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant also indicates to the Plaintiff the land size of 89 square meters in Busan Metropolitan City and the attached appraisal map.

Reasons

1. Basic facts

A. Before the division, D & 294 square meters (hereinafter “D land before division”) were owned by the network E. The network E was killed in around 1982, and the Defendant, a senior grandchild, on August 26, 1994, purchased and sold the land on May 10, 1980 and completed the registration of transfer of ownership under the name of the Defendant, with the grounds for registration, pursuant to Article 4502 of the Act.

B. On January 9, 1997, the Defendant divided the size of 89 square meters (hereinafter “instant land within the boundary of this case”) from the D’s land prior to the subdivision into the land prior to the subdivision (hereinafter “the land within the boundary of this case”) (hereinafter “the land within the boundary of this case”). D’s land within the boundary of Gyeongsan-si, Busan-si, where the land is divided and remaining, 205 square meters (hereinafter “D’s land after subdivision”).

G land adjacent to the instant dispute is the land owned by the Plaintiff, the ownership transfer of which was registered in the name of the Plaintiff from the 1950s.

(d)

In the latter half of the 1960s, the father He was registered as the Plaintiff, who was an infant in the late 1960s.

In F, G land, a house consisting of a house, a house, a warehouse, etc. has been living at a place around that time.

【In the absence of a dispute over the grounds for recognition, the entries and images of Gap evidence 2 through 13 (number omitted of some documentary evidence), the witness I’s testimony, the result of the on-site inspection by this court, the whole purport of the pleadings. 2. The plaintiff’s primary claim

A. The Plaintiff’s family members, who built a new house on F and G land, newly built a warehouse, box, etc. on the land in the dispute of this case abutting on the Plaintiff’s family members, and used the remaining land as a marina or garden.

On February 22, 1975, He, the father of the Plaintiff, purchased the land in this case (any part of the D land before subdivision) in KRW 150,000 from the deceased E, the owner of which had been living and used by his family members.

Therefore, the defendant who succeeded to the land of this case from the deceased E is the reason for the sale of the above date to the plaintiff, who is the heir of the deceased H.

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