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(영문) 대전지방법원홍성지원 2015.01.13 2012가단5278
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On July 25, 1957, from the 3,767 square meters of the Dasan-gun, Hongdong-gun, Hongdong-gun (hereinafter “C Forest”) the ownership transfer registration was completed in the Defendant’s future on the ground that the 1,289 square meters of D Forest (hereinafter “D Forest”) was divided on July 25, 1957, and on March 26, 1981 with respect to the said D Forest on the ground that “the sale on January 6, 1973” was “the sale on the said D Forest.”

After that, on March 18, 1970, the said C Forest No. 2,478 square meters and the E Forest No. 396 square meters (hereinafter “instant forest”) were divided in sequence on March 18, 1970, and on the same day, the registration of ownership transfer was completed in the Plaintiff’s future on the grounds of “transfer of ownership on August 7, 1970.”

(C) After the final subdivision, 2,082m2 (hereinafter “instant C Forest”). B.

In addition, the registration of ownership transfer was completed in the plaintiff's future on November 8, 1994 on the ground of the "trade on November 21, 1984" with respect to the land of 193 square meters (divided from G land owned by the defendant, but hereinafter referred to as "F land of this case") prior to the Hongnam-gun F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 7 and 10 (including each number), the purport of the whole pleadings

2. The Plaintiff’s father H purchased from the Defendant’s mother in 1970 or in 1975 or on November 24, 1984 a part of 708 square meters in the ship connecting each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, and 1, among the land of this case and the land of this case and the land of this case 3,516 square meters (based on the current status) from the Defendant’s mother, and from November 24, 1984, he occupied and used the land of this case from November 24, 1984.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the land of this case to the plaintiff according to the above sales contract in the first and second preliminary cases, 1975 or 14 November 24, 1984.

Furthermore, even if the purchase is not recognized, the Plaintiff is owned for at least 20 years from November 24, 1984 to the present.

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