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(영문) 광주지방법원 2018.05.15 2017가단508494
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On December 1, 1943, the land of this case was owned by Da, and D was deceased on December 1, 1943, Do governor E succeeded to the registration of ownership transfer as to the land of this case solely by E on April 15, 1995, after death on February 5, 1980.

B. After that, on October 9, 1997, F completed the registration of ownership transfer for the land of this case on the grounds of sale as of September 22, 1997, G, a private village-Dong.

C. Meanwhile, as G died on August 8, 2009, the registration of ownership transfer was completed on May 3, 201 with respect to the instant land on the ground of “an inheritance by consultation or division” on May 3, 201.

원고는 이 사건 토지 일부 지상에 1973. 4. 21.경 종중 재실을 건축하여 그 무렵부터 현재까지 종중 재실 부지로 별지1 도면 표시 ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅁ의 각 점을 순차로 연결한 선내 ‘나’부분 토지 445㎡(이하 “이 사건 ’나‘부분 토지”라고 한다)를 점유하면서 사용하고 있다

(Provided, as seen below, the Defendant, around November 2012, constructed a building on the ground of 42 square meters in sequence with each of the items of “A”, “A”, “B”, “A”, “A” and “A” on the part of the instant or partial land, and the Plaintiff lost possession of the said part of the land from that time.

around November 2012, the Defendant constructed a building on the ground section of the instant “A” or “part of the instant land on the land, which is linked in sequence to each point of Annex 2 drawings 1, 2, 3, 4, 1, and 42 square meters on the part of the instant land (hereinafter “instant “A”), and used the instant “A” portion as the land owned by the Defendant from that time to that time.

[Reasons for Recognition] A.11 Evidence, 4 Evidence A. , 4 Evidence, witness H testimony, and this Court.

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