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(영문) 인천지방법원 2018.05.09 2016가단208685
소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. Attached No. 2, among the 309 square meters of F forest land in Incheon Strengthening-gun.

Reasons

1. Basic facts

A. On February 18, 2016, J succeeded to the property of the deceased, Plaintiff B, Plaintiff C, and Plaintiff D, their spouse, who were the deceased.

B. From June 11, 2004, the number of land was changed as of June 1, 2004, and six square meters on the same day were transferred to O due to the division.

(hereinafter referred to as “land 1”) on April 9, 1981, the registration of ownership transfer was completed in the Defendant’s future, and on April 9, 1981, the registration of ownership preservation was completed in the Defendant’s future on the 1,38 square meters of H forest land (hereinafter “2 land”).

C. On April 9, 1981, with respect to G road 117 square meters (hereinafter “third land”), registration of preservation of ownership has been completed in the future of the Defendant, and on May 28, 1981, with respect to I forest land 496 square meters (hereinafter “fourth land”), registration of preservation of ownership has been completed in the Defendant’s future.

[Ground of recognition] Evidence No. 1-3, Evidence No. 4-1, 2, and Evidence No. 9-1, 2

2. Determination on the main claim

A. Party’s assertion 1) The land No. 1 was K owned. On March 25, 1972, the Defendant sold it to the Defendant, and on March 25, 1972, the part of the land No. 1, 2, 13, 14, 10, 11, 12, and 1 of the attached table No. 2, 3, 15, 16, 17, 18, 19, 20, 21, 8, 9, 10, 14, 13, and 90 square meters of the attached table No. 1 (a) of the ship connected each point in sequence to the Defendant was sold to the Plaintiff.

However, the defendant alone completed the registration of ownership transfer in around 1981, among the 1981, which was later arranged for the public records.

B) The land 2 was divided by L, which is the evidence of the circumstances of Plaintiff B, Plaintiff C, and Plaintiff D, and sold only the remaining part except for the portion 29 square meters in the portion 1 (a) of the attached Form 1(2) in sequence connected with each of the items in the order of the following: L, which is divided by L, which is the evidence of the circumstances of Plaintiff B, Plaintiff C, and Plaintiff D, around 1980, the part 1 (b) and the part 2 (b) of the land.

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