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(영문) 춘천지방법원 2016.11.24 2016가단1864
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in light of the whole purport of arguments as to Gap evidence 1-1 to 3, evidence 7, evidence 8, evidence 10-1 to 3, evidence 10-1 to 22, evidence 23, evidence 25, evidence 31, evidence 32-1 to 3, evidence 1-2, evidence 1-1 to 2-3, and evidence 2-1 to 2-3, and there is no counter-proof otherwise.

The answer No. 655 No. 655 (hereinafter “the land before the division of this case”) was turned out in the name of Nonparty C on May 27, 1915. The register and the cadastral record were all destroyed by going through a 625 war. On November 1, 1962, the land was restored to Nonparty B’s answer No. 655.

B. On May 17, 1956, the Real Estate Registration Board was organized with respect to 427 Gangwon-gun, Gangwon-do, and Nonparty E completed the registration of ownership transfer for the said real estate on July 29, 196, Nonparty F completed the registration of ownership transfer for the said real estate from Nonparty E on November 29, 193, and the Plaintiff completed the registration of ownership transfer for the said real estate from Nonparty F on November 16, 1998.

C. On May 17, 1956, the Real Estate Registration Board was established in relation to the 173 Guide G of Gangwon-gun on May 17, 1956. Nonparty E completed the registration of ownership transfer for the said real estate on July 29, 1966. Nonparty F completed the registration of ownership transfer for the said real estate from Nonparty E on November 29, 1993. The Plaintiff completed the registration of ownership transfer for the said real estate from Nonparty F on November 16, 1998.

The land prior to the instant subdivision was found to have already been divided into 427 square meters in Gangwon-do at the time of cadastral recovery on November 1, 1962, and was divided into each real estate listed in the separate sheet (hereinafter “instant real estate”) and 1,411 square meters in Gangwon-do, Gangwon-do on July 23, 1993 and restored.

E. The defendant, on January 9, 2001, issued a public notice of non-owned real estate of this case, respectively.

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