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(영문) 광주지방법원 2016.09.06 2015가단33705
소유권이전등기
Text

1. The plaintiffs' action against Defendant E and Defendant Korea Saemaul Bank shall be dismissed.

2. The plaintiffs' defendant D.

Reasons

1. Basic facts

A. A. Around February 20, 1978, G made the registration of ownership transfer on the ground of sale on February 17, 1978, on the part of H 440 square meters (hereinafter the above land was divided into H 165 square meters, I large 234 square meters, J 41 square meters; hereinafter the entire above land was referred to as “instant H land”).

(A) Evidence 2. (b)

On the other hand, the instant H land was divided into a F 195 square meters in size (172 square meters in size, F 172 square meters in size, and K 23 square meters in size, and the said K 23 square meters in size was combined into L after the said division; hereinafter referred to as “instant land before the instant division,” and the F 172 square meters in size after the division is adjacent to the instant land (hereinafter “instant land”).

M appears to have owned the land prior to the instant subdivision on April 15, 1915. As such, Defendant D, the inheritor of M, made a registration of preservation of ownership on the instant land on May 30, 201.

(A) Evidence Nos. 3, 4-1, 2)

C. G newly built and resided on the ground of the instant H land, and the main debt part of the instant H land is located on the ground of the instant H land, and the love debt part is located over the instant H land and the instant land.

The above Love Book is comprised of 47 square meters of the land area of this case 172 square meters.

[In the absence of any dispute, the appeal Nos. 5-1 through 6, and the appeal for appraisal to the Korea Land Information Corporation of this Court]

On the other hand, with respect to the portion of 23 square meters which was divided from the land before the instant partition, the ownership transfer registration was made in the name of Gwangju North-gu on the ground of the acquisition of the public land on June 10, 201, which was around June 10, 201, and the compensation for expropriation was received by Defendant D around that time.

On June 24, 2015, Defendant D completed the registration of ownership transfer to Defendant E on the ground of sale on June 23, 2015.

After July 7, 2015, Defendant E registers the establishment of a collateral security to the Saemaul Bank of Korea on July 7, 2015.

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