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(영문) 창원지방법원 2017.11.29 2016나58960
소유권이전등기
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. D, on April 20, 1963, completed the registration of ownership transfer on the ground of sale on December 1, 1962, 196 with respect to Kimhae-si, Kim Jong-si, 419 (hereinafter “instant land”).

B. On July 31, 1972, the land of this case was divided into the 155-Sap and E 264-Sap and the land category was changed to the road. On the same day, C 155-Sap were changed to the road.

C. The Defendant, who was D and his wife, resided in A village where the instant land was located, and left A village for 30 years prior to the death of 30 years, and the Defendant inherited C road 15 square meters (512 square meters) on his own by consultation and division after the death of D on January 1, 1994.

C As a part of a road among the 155 square meters of a road (512 square meters) is incorporated into a L site, the Defendant, the title holder of the said road, was paid KRW 19.5 million from the Gyeongnam-do as compensation for the acquisition of public land through consultation. Accordingly, on August 24, 2001, the said C road was divided into KRW 155 square meters and the ownership was transferred in the name of the Gyeongnam-do on September 7, 2001.

E. Of C. 155 square meters (512 square meters), C. 473 square meters remaining after being expropriated in the Gyeongnam-do (hereinafter “instant road”) are currently being used as a road leading from a main road to a village A.

F. On the other hand, E 264 square meters divided from the instant land was merged with D on April 9, 1981 when the registration of ownership transfer was completed in F’s name, F on April 17, 1981, on the land of this case, Kimhae-si G 3,613 square meters.

Since May 14, 1981, H 77 square meters in G 3,613 square meters, H 77 square meters in G 3,613 square meters respectively, and J 71 square meters in J 71 square meters in land was divided. The above 3-land was completed to 4 persons, such as W, who are the heir of F on September 6, 198, after F died.

After that, O and X completed the registration of ownership transfer on July 12, 1990 with respect to 20/77 shares in H field and X 57/77 shares in H field on September 11, 1990.

[Ground of recognition] The fact that there is no dispute, Gap's 4, 8, 9, 13 evidence, Eul's 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings

2. This safety defense.

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