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(영문) 광주지방법원 2017.07.06 2016나59743
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. In the first instance court, the Plaintiff sought implementation of the procedure for ownership transfer registration for the first instance court’s primary sale and sought implementation of the procedure for ownership transfer registration for the first instance court’s primary sale. The first instance court rejected the Plaintiff’s primary claim and accepted the conjunctive claim.

Since only the defendant appealed against this, the subject of this Court's trial is limited to the preliminary claim.

2. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Accordingly, the reasoning of the judgment of this court is as follows, except for the dismissal or addition as follows, and therefore, it is identical to the reasoning of the judgment of the first instance.

[Supplementary or added parts] Section 7 of Section 4 of the first instance court's decision "the results of the fact-finding on the extension of the mining area of this court" shall be determined as "the results of the fact-finding on the extension of the mining area of the first instance court, the results of this court's order to submit documents to the Korea Highway Corporation".

Part 5 of the decision of the first instance court is written by cutting "M" to "N".

No. 5 of the judgment of the first instance court shall be subject to the registration of transfer of ownership or registration of ownership preservation in the fifth page.

Part 5 of the fifth decision of the first instance shall add to the following:

(5) After the Plaintiff commenced possession of the instant land around November 14, 1973, there was no objection or demand for compensation from the Defendant’s father G regarding the use of the instant land.

(6) According to the Korea Highway Corporation’s “Working Manual on Resolution of Unpaid Registration after Compensation”, compensation was made in the course of the construction of the expressway, but the registration was not completed, on May 2007, approximately 726 lots and size of the land.

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