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(영문) 창원지방법원 2015.11.25 2015나33230
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 24, 1935, C completed the registration of initial ownership as to D 595 square meters (180 square meters in Gyeong-gun, Dong-gun, Dong-gun at that time) on October 24, 1935, and the Plaintiff’s father E purchased the above land from C on October 10, 1935, and completed the registration of ownership transfer on October 24, 1935.

B. E died on May 28, 1950. On August 31, 1981, the Plaintiff completed the registration of ownership transfer made on March 2, 1959 pursuant to Article 3562 of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Dec. 31, 1977; Act No. 3159, Apr. 6, 1978; Act No. 3562, Apr. 3, 1982; hereinafter “instant Special Measures”).

C. The land was divided on April 26, 1983 and the land category was changed to a road on May 25, 1983, when the ownership transfer registration was completed in the previous land before the division of this case, which was 214 square meters (the F. 214 square meters in Gyeong-gun, Chungcheongnam-do, but the divided land was divided without leave before and after the change of the administrative district category was completed. The Defendant completed the ownership transfer registration on November 12, 1984 for the instant land (hereinafter “instant ownership transfer registration”) based on donation on February 1, 1983 in accordance with the Act on Special Measures for the Management of this case.

The Defendant, as part of the Saemaeul Project in 1982, packages of the instant land and the instant land adjacent thereto on G-si road, G-si road, H-si road, H-si road, 35 square meters, etc., and occupies and uses each of the instant land as a road until the closing date of the argument in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, Eul evidence Nos. 1 through 6, video, the purport of the whole pleadings

2. The argument and judgment.

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