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(영문) 부산지방법원 2020.04.24 2018가단307644
소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 31, 1987, Plaintiff B acquired the ownership of F-23 square meters in Busan-gun, Busan-gun, (hereinafter “Plaintiff’s land”). The Plaintiff’s land was divided into F-214 square meters in size and G-19 square meters in size on March 22, 1995. A divided F-214 square meters in size was merged into H-23 square meters in size on April 6, 1995, and the divided F-214 square meters in size was 233 square meters in size in size. On May 2, 2017, the Plaintiff’s registration of ownership transfer was completed in the name of each of the Plaintiffs with respect to the Plaintiff’s land.

B. On November 3, 1994, the Defendant acquired the ownership of D & 132 square meters (hereinafter “Defendant’s land”). On March 22, 1995, the Defendant divided D & 113 square meters into D & 19 square meters, and on April 6, 1995, the divided D & 113 square meters into G & 132 square meters and became D and again divided into D & 128 square meters on June 23, 2004, respectively.

C. On March 27, 1995, the deceased E and the Defendant entered into a contract for exchanging 19 square meters of G 19 square meters owned by the network E with H 19 square meters of land. D.

On the other hand, the Korean Land Information Corporation's branch office suggested that the block fence installed on the land of this case was arranged in the current cadastral map on December 1, 1994 as the line of subdivision survey on the land of this case, and that the plaintiffs and the defendant's land are not combined with the result of cadastral resurvey project as the land subject to cadastral resurvey project under the Special Act on Cadastral Resurvey, so it is impossible to present appraisal due to the lack of appraisal results.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6, entry of Eul 1 and 2 evidence (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. (1) On October 30, 1987, Plaintiff B’s portion E of the Plaintiffs’ assertion on the claim for ownership transfer registration based on the completion of the prescription period for possession acquisition, owned the Plaintiff’s land and its ground buildings, and connected each point of the Defendant’s land, in turn, indicated in the annexed drawing No. 1, 2, 3, 4, 4, 5, 6, and 1.

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