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(영문) 창원지방법원 2019.05.10 2018나2732
소유권이전등기
Text

1. The judgment of the first instance, including any claims added by this court, shall be modified as follows:

The plaintiff's primary part is the plaintiff.

Reasons

1. Basic facts

A. On December 12, 1980, the Plaintiff completed the registration of transfer of ownership on the 744 square meters of N on the grounds of sale on December 5, 1970 with respect to 744 square meters in Sin-Gun Sri (hereinafter “Sri”) prior to the subdivision on December 12, 1980, and the net L is a person who completed the registration of transfer of ownership on the 724 square meters of the pre-division-division-724 square meters adjacent to the above land on December 12, 1980, and the Defendants are the deceased L’s successors or substitute successors.

B. On January 4, 2017, 201, 744 square meters prior to the division owned by the Plaintiff was divided into 588 square meters prior to N, and 186 square meters prior to P, as indicated in the attached Form, and was divided into 490 square meters prior to the division that was owned by the Plaintiff and 724 square meters prior to the division into O large 490 square meters and K large 234 square meters on the same day.

(hereinafter referred to as "per parcel number" shall be specified only by the lot number description of each parcel after subdivision.

Unlike the title of land ownership from around 1973 to February 2017, the Plaintiff and the deceased L have used the above N, K land portion, the network L L, and the P land portion in the manner of occupying and using each land.

On January 13, 2017, the deceased L had completed the registration of ownership transfer on the ground of donation on January 9, 2017, and died on April 21, 2017 during the first instance trial.

[Ground of recognition] Each entry of Gap evidence 1 to 4, Eul evidence 1 to 3 (including each number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. Claim against the primary defendant B;

A. A. Around December 31, 1973, the Plaintiff’s assertion L on the primary claim 1 agreed to exchange K land with P land between the Plaintiff’s former owner U and the Plaintiff’s attached T, and on December 9, 2016, the Plaintiff agreed to exchange the land with P.

In addition, Defendant B completed the registration of ownership transfer of K land due to the division of inherited property from the network L.

Therefore, the defendant B completed the registration of transfer of ownership on the ground of the exchange on December 31, 1973 or December 9, 2016 to the successor to the exchange contract or the directly related plaintiff.

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