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(영문) 제주지방법원 2019.10.30 2018나12353
토지인도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The plaintiff (Counterclaim defendant) added by this court.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The defendant and the deceased J's purchase and division of land 1) The defendant purchased and divided the land from February 3, 1957 to Qua (hereinafter " Qua")

M owned 333 of the 1,023 M. The deceased J, the father of the deceased, the Plaintiff F, and G (hereinafter “the deceased”).

) On October 7, 1960, the Defendant purchased 690 square meters prior to K, which was a parcel of the said M on October 7, 1960 (However, it is not clear whether the Defendant purchased 1,023 square meters and sold 690 square meters to the deceasedJ, and whether the Defendant and the Deceased purchased 690 square meters and 333 square meters.

On March 5, 2018, the defendant asserted that the defendant purchased M and N (the same shall apply to the preceding M 333 square meters) at the present Seopopo City on March 5, 2018, and thereafter, the defendant asserted that the defendant purchased the entire 1,023 square meters thereafter.

On the other hand, according to the evidence No. 18-3, K land was divided from M on December 5, 1964, and the transfer owner of K land is written into “U” which was the owner of M who was not the defendant.

(2) When the Defendant and the Deceased purchased the above land, it was not divided but divided into the 1,023 square meters before M, and was divided into the 333 square meters before M on December 5, 1964 and the 690 square meters before K.

3) With respect to the above M on October 16, 1971, the Defendant completed the registration of ownership transfer on the above K land on October 26, 1971 by the Deceased, and on October 26, 1971, under each Act on Special Measures, the registration of ownership transfer was completed. (B) The Defendant divided the above M land into 20 square meters and N 113 square meters prior to M on December 29, 1975.

Since M, 220 square meters was divided into nine square meters, and the area was 698 square meters as of September 12, 2017, the land category was changed into an orchard.

2) On May 23, 1976, the Defendant is a house (72.03 square meters on the building ledger, hereinafter “instant house”) on the ground of N-land.

A) A building and obtaining approval for use around that time (the Defendant alleged that the instant house was approved for use on May 23, 1975, and the building ledger (Evidence A5) also stated the same purport.

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