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(영문) 대전지방법원 2019.12.10 2019나102909
불법점유토지명도
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The following are the details of the division and registration conversion into the Seo-gu Daejeon Metropolitan Government C large-scale 284 square meters (hereinafter referred to as the “instant land”).

On December 15, 1959, there is no official cadastral record, such as the old forest register, etc., concerning the Chungcheongnam-gun K forest land, which was divided into the land in this case, which was the land M of the land in the Daejeon Daejeon-gu NO Daejeon Daejeon-gu P, Daejeon-gu P on December 15, 1959. On April 6, 1965, the official cadastral record was restored by the report on April 6, 1965, and on the 2/8th of the evidence A of the forest register No. 4, it was written as Q and D in the owner column, and it is still unregistered until now.

Meanwhile, the resident registration number of “D” is indicated as “E” on the 1/8 pages of the evidence Nos. 4 of the land cadastre of this case, which was carded on May 14, 1976.

F is a member of G clan (hereinafter “the clan of this case”), and H, the grandchild of which, on April 23, 2003, sold the land of this case to the Plaintiff, was the owner on land cadastre Q and D as the special terms and conditions, but the actual owner is the ownership of the clan of this case and decided to actively cooperate with the seller in the procedure of transferring the registration of the buyer.

In around 1976, the Defendant husband purchased J 313 square meters and unregistered houses on the ground adjacent to the instant land. From around that time, the Defendant husband installed a fence in accordance with the attached drawings indicating 1, 2, 3, 4, 5, 6, 7, 8, and 1, and attached drawings (hereinafter “bbbb”) and used trees as a heart, mari, house access roads, garden, etc., and the Defendant husband completed the preservation registration around 2002, which connects each point of 4, 5, 6, and 4 of the same drawings, which are some parts of the relevant housing, and the wall outside the rooftop building (hereinafter “c) is located on the instant land.

The defendant filed a lawsuit against the above "D" in around 2015 after her husband died, while the defendant's husband files a lawsuit against the above "D" for division of land and transfer of ownership.

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