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(영문) 의정부지방법원 2016.10.11 2015가단104398
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. From July 10, 1962, C, the Plaintiff’s father, resided in a wooden building (6.25 square meters, 20.66 square meters, hereinafter “the instant old building”) above ground 152 square meters (hereinafter “Plaintiff’s land”) from the Government-si, Do from around July 10, 1962, and completed the registration of ownership transfer on the instant old building on December 30, 1964.

B. On March 31, 1969, the Defendant purchased 691 square meters of land E (hereinafter “instant land E”) from the Government-si adjacent to the Plaintiff’s land, and the same year.

4.1. He completed the registration of ownership transfer for the land of this case due to sale.

The instant land was divided on February 16, 1971 and was changed to 63 square meters (63 square meters from “63 square meters” to “52 square meters” on February 5, 2016. The instant land was registered for correction of the area on March 20, 2007, with the exception of the aforesaid 19 square meters on March 20, 207.

C. Meanwhile, the Defendant did not request a partition of the instant land. On the other hand, the Defendant made an error of the instant land as a non-principal real estate and made a public announcement on June 19, 193, and completed the registration of ownership preservation on the instant land on December 17, 1994.

On April 3, 1986, the Plaintiff enlarged the instant building with cement block housing 25.90 square meters, and cement block housing 20.66 square meters on April 25, 1986 (hereinafter “instant building”). On April 25, 1986, the Plaintiff reported the destruction of the instant building on April 25, 1986.

E. In addition to the Plaintiff’s land, the instant building is located in a place where part 42 square meters of “1” portion (hereinafter “the instant part occupied by the Plaintiff”) in the ship connected each point of the attached drawing Nos. 1, 2, 7, 6, and 1 in sequence among the instant land, other than the instant land.

F. Meanwhile, the instant land, as administrative property, was granted to the USFK on January 1, 1958, and was returned to the Defendant on May 30, 2007 after being released from the grant on May 30, 2007, and was returned to the Defendant. Thus, the instant land is an administrative property indicated in the size of 691 square meters (2,284 square meters) prior to the division into the State property ledger up to now.

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