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(영문) 창원지방법원거창지원 2019.01.08 2018가단1037
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

E on June 30, 1965, the registration of ownership transfer was completed on August 10, 1957 with respect to F& 201 square meters (hereinafter “instant land before the instant subdivision”).

Of the instant land before the instant partition, 83 square meters was divided into D on February 21, 1979, and the land category was converted into 274 square meters. On the same day, the Defendant completed the registration of transfer of ownership on December 10, 1974 by means of sale on December 10, 1974 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter “Special Measures Act”).

The sale certificate of December 10, 1974 (No. 2-1) states that E, H, and I sell to the Defendant the amount of KRW 4.90,00 won the amount of 83 square meters in Gohap-gun, Gohap-gun and the amount of 118 square meters in G.

On the other hand, on July 28, 197, the defendant completed the registration of ownership transfer for 1/3 shares of 1/3 shares out of 1,035 square meters adjacent to the land of this case (hereinafter "the adjoining land of this case") on July 10, 197. K completed the registration of ownership transfer for 2/3 shares out of the adjoining land of this case on November 10, 1973 under the Act on Special Measures for Trade as to 2/3 shares out of the adjoining land of this case. The plaintiff completed the registration of ownership transfer for 2/3 shares of K on March 23, 1995 as to the above 2/3 shares of the adjoining land of this case on December 10, 1984.

L and M prepared a confirmation of the fact that “K has cultivated crops by December 9, 1984 by purchasing 2/3 shares of the adjoining land of this case and the land of this case on November 10, 1973 and displaying a boundary mark, and the Plaintiff purchased them from K on December 10, 1984 and possessed for 30 or more years.”

On the first day for pleading of this case, the Defendant stated that “the land was farming and fishing in the instant land in 1975, and at around 1976 K opened possession of the instant land.”

recognized.

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