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(영문) 대구지방법원경주지원 2017.11.02 2016가단13829
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 1935, the Defendant (the trade name before the change: the Spool Fisheries Association’s reduction of fishing industry) purchased each of the real estate listed in the attached Table 1, 3,170 square meters, 3,170 square meters, D large scale 2,360 square meters, and 1, 3,4, and 5 attached hereto.

B. The above he owned by the defendant

With respect to the land of approximately 1,740 square meters in aggregate among the land indicated in paragraph B, B, 221 square meters, C, 3,170 square meters, D, 2,360 square meters, the registration of ownership transfer was completed in sequence in the name of the Plaintiff Company (H corporation) on the grounds of each sale on the grounds of June 5, 1969.

C. From March 10, 1983, F purchased approximately 1,740 square meters of the above three parcels from Samchisan Co., Ltd., the real estate stated in the separate sheet (hereinafter “each real estate of this case”) with the above three parcels of land to the present day is located within the fenced boundary.

[Reasons for Recognition] Each entry (including paper numbers) of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. On June 2, 1986, the Plaintiff’s assertion F purchased the entire land located within the fenced boundary including each of the instant real property at the time of purchase of the said three parcels of land on June 2, 1986. The Plaintiff was aware that the land located within the fenced boundary of the Plaintiff Company had been purchased by the Plaintiff. However, each of the instant real property still remains owned by the Defendant on the register, without the omission of ownership transfer registration.

This means that the Plaintiff purchased and occupied each of the instant real estate on June 2, 1986, along with the said three parcels of land, from the time of commencing possession to the date of possession. A third party who had a new interest in the instant real estate while the Plaintiff occupied each of the instant real estate.

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