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(영문) 전주지방법원 2011.12.16 2011가단5655
토지인도등
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) shall be transferred to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts of recognition do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence 3-1, 2, Eul evidence 4-1, 5-4, Eul evidence 1-1, 2, 4-2, Eul evidence 2-3, Eul evidence 4-1 to 5-5, Eul evidence 5-1 to 5-4, Eul evidence 6-4, 5, Eul evidence 9, Eul's on-site inspection and appraisal result of appraiser D's survey and appraisal.

The registration of ownership transfer was completed on July 9, 1940 with respect to the forest land C, forest land C, 4959 square meters (hereinafter “the forest of this case”). On March 25, 2008, the Plaintiff completed the registration of ownership transfer on the ground of property inheritance on January 5, 1970.

B. The forest land of this case is in contact with 11,674 square meters of F forest land in Seoul Special Metropolitan City (hereinafter “F forest”), G large 202 square meters (hereinafter “G land”), and 1,220 square meters prior to H (hereinafter “H land”). Four persons, such as I, J, K, and L, were under the circumstance of land owner on November 20, 199. Since the registration of ownership transfer was completed on May 27, 197 with three joint names, such as M, N, andO, on June 29, 195, under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502), the ownership transfer registration was completed in the Defendant’s name on June 29, 199, G land was made on the ground of sale and purchase under the former Act on Special Measures for the Ownership of Real Estate (No. 3, 195) and the ownership transfer registration was completed on June 16, 1995.

다. 이 사건 임야 중 별지 감정도(참고도) 표시 15, 16, 14, 15의 각 점을 순차로 연결한 선내 ㈏ 부분 77㎡{이하 ‘이 사건 ㈏부분’이라 한다}에는 1628. 3. 5. 사망한 B 18세손 R의 분묘 등이 설치되어 있고, 이 사건 임야 중 같은 도면 표시 17, 18, 19, 20,...

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