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(영문) 창원지방법원마산지원 2017.11.14 2016가단102538
소유권이전등기
Text

1. The Defendants are listed in Appendix 1 List 2 against the Plaintiff A, among each land listed in Appendix 1 List 1 List 1.

Reasons

1. Facts of recognition;

(a) With respect to the area of 10 m2,024 m2, JJ large 919m2, K large 630m2, L large 502m2, M large 1,188m2 as of March 7, 2016, the area shall be specified as of March 7, 2016, and only the lot number shall be indicated below.

(hereinafter collectively referred to as "N land"), the registration of destruction or recovery of O's name on June 30, 1953 (the cause for registration: the sale as of March 30, 1943), the registration of transfer of ownership (the cause for registration: the donation as of January 10, 1991) in the name of PJ on January 14, 191, and the registration of cancellation of transfer of ownership (the cause for registration: the final judgment of the Seoul District Court branch on July 14, 1994) was completed in order.

B. The Defendants and Q, who were their successors due to the death of O on February 4, 1998, inherited the land according to their inheritance portion (Defendant D3/13, Defendants and Q2/13). Accordingly, the registration of ownership transfer was completed on March 10, 1999 on the ground of their inheritance.

C. On October 14, 2004, Q’s share in the N land was commenced for compulsory auction (Chowon District Court R) and Defendant D purchased each share of Q from the K land and completed the registration of ownership transfer on October 12, 2005 and October 31, 2005.

The status of occupation of K and L among the N land is as follows:

1) Each land listed in Annex 1 List 1 (hereinafter “instant land”)

A) Around 1955, T built a wooden 1st floor detached house 26.45 square meters; around 1957, cement block/splate 22.81 square meters; and the owner registration was made in the relevant building ledger. After that, the Plaintiff purchased each of the above buildings on April 9, 1991 and registered as the owner in the relevant building ledger; and thereafter, the Plaintiff resided in the relevant building ledger; 2) on each of the lands listed in [Attachment 1] paragraph (2) of [Attachment 1] and U (B] (the Plaintiff’s spouse) on each land listed in [Attachment 1] paragraph (2) of [Attachment 1], around 1974, built 33.6 square meters of the single floor of cement block structure and 26.45 square meters of cement block/spher 1 floor and registered in the relevant building ledger.

U had resided with the plaintiff B in his place on February 8, 1994, and died.

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