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(영문) 창원지방법원 2015.11.13 2013가단28806
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 8, 1941, the Plaintiff completed the registration of ownership transfer on the instant land on September 11, 1948 with respect to the instant land on the ground that the ownership transfer registration was completed in the name of Japanese resident D on May 8, 1941. The Defendant completed the registration of ownership transfer on the instant land on July 22, 1989.

B. On October 16, 1953, the defendant sold C land to E in KRW 1,320, and E in full paid the above price on June 24, 1961.

C. On April 26, 1993, the Plaintiff occupied and used the instant land as a farmland cultivation site, etc., as the owner of C-Ground housing 36.69 square meters and 42.98 square meters in storage, the registration of preservation of ownership was completed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), Gap evidence Nos. 9 and 12, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion E purchased the instant land and C land from Japan around 1940, and resided in two buildings on the instant land, and purchased the land from the Defendant around 1953, which was after the tidal wave, again purchased the land from the Defendant. On December 1960, the Plaintiff donated each of the above land and the above ground buildings to F, a police officer of the Republic of Korea in December 1960, and the F occupied them.

F around March 30, 1964, the Plaintiff’s husband sold each of the above land and the above ground buildings to G, who was the Plaintiff’s husband, and G around that time, removed the existing buildings and occupied each of the above land, wooden and building, and died on September 4, 1972.

The plaintiff, through the division inheritance, has removed the upper debt by occupying each of the above lands, wooden and buildings, and newly constructed a brick sapap building on that place, and has occupied each of the above lands and buildings up to now.

G purchased the instant land without knowing that the instant land was reverted to the F, without having knowledge of the F having no right to dispose of it.

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