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(영문) 창원지방법원밀양지원 2016.10.12 2015가단2586
소유권이전등기
Text

1. The Defendant indicated on the attached sheet No. 17, 2, 3, 4, 5, 28, 27, 26, 25, 24, 24, among the 355 square meters and 355 square meters of the roads B to the Plaintiff.

Reasons

1. Facts of recognition;

A. At around 1970, 1970, the land category of the instant real estate was changed to a road by dividing the instant real estate into D, 1,146 square meters (hereinafter “D land before subdivision”) and D, 1,501 square meters (hereinafter “D land before subdivision”). However, in order to donate the instant farmland to the Defendant, the network C divided the instant farmland into D, 1,146 square meters (hereinafter “D land before subdivision”) and the instant real estate included the said farmland into the instant farmland.

B. On March 17, 1990, the deceased C completed the registration of ownership transfer on the instant real estate on the ground of donation on December 19, 1989 to the Defendant.

C. The net C died on August 18, 1992, and the Plaintiff completed the registration of ownership transfer on D land after the split-off on November 2, 1995 due to inheritance by agreement split-off on August 18, 1992.

On November 27, 2014, the Defendant commenced and completed the access road confirmation and packing work to E, including the instant real estate, on January 16, 2015, and extended the width of the farming road, which was established on the instant real estate due to the said construction, to three meters.

On the other hand, the plaintiff, despite the access road confirmation and packaging works, has stored a stone axis or used it as a dry field on the land of this case.

E. The Plaintiff’s attorney F filed a request for correction to the effect that the right of property was infringed upon by dividing not only the farmland but also the farmland portion in the process of dividing the D land before partitioning to donate the farmland to the Defendant by the Anti-Corruption and Civil Rights Commission.

On April 6, 2015, the Anti-Corruption and Civil Rights Commission made a statement by residents that contributed to the volume of the farm site that was established in the 1970s and that consultation and division was made, and the width of the farm road installed at the time is considerably divided to the degree of 2.5m or the width of the road divided into cadastral map is considerably divided to the degree of 4-5m or more than the road site, and farmland outside the opened farm site is farmland.

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