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(영문) 창원지방법원밀양지원 2014.08.13 2012가단2769
소유권이전등기
Text

1. Of 7,212 square meters of L, 7,212 square meters of forests and fields, Defendant B’s share 6/98, Defendant C and D’s share 4/98, respectively, and Defendant.

Reasons

1. The assertion;

A. On October 8, 1965, the Plaintiff asserted that: (a) specified the portion owned by the Plaintiff and jointly purchased the portion owned by 24,258 square meters of O forest land in Gyeongnam-gun (hereinafter “land before subdivision”) prior to subdivision; (b) placed the registration in the name of the network M; and (c) occupied the portion purchased by the Plaintiff for 20 years after subdivision into the part purchased by the Plaintiff; (d) occupied the land for 7,212 square meters of L forest land in Gyeongnam-gun (hereinafter “instant land”); and (e) completed the prescriptive acquisition on October 8, 1985; and (e) thereafter, P acquired the shares of 4298/18 of the instant land from August 22, 198, and completed the prescriptive acquisition on August 22, 2008 by occupying the instant land for 20 years; and (e) accordingly, (e) the Defendants’ heir’ ownership transfer registration on the instant land from the heir’s 208.

B. The Defendants’ assertion M and the network N intended to jointly purchase the land before subdivision, but the network M did not pay the purchase price, and completed the registration by alone, and thereafter, the Plaintiff did not purchase the land before subdivision or occupy the entire land as the owner’s intention for twenty years by paying the purchase price to be borne by the network N, which is the relative relationship between the network N, thereby completing the registration of ownership transfer for R on December 20, 1971, with regard to the area of 5,898 square meters and L forest land divided into 18,360 square meters, and 5,898 square meters, respectively.

2. Comprehensively taking account of the respective descriptions and images of evidence A1 to 23 (including paper numbers), witnesses, S, E, and T testimony, the Plaintiff purchased the instant part of the said land with the network M when the deceased M purchased the land before subdivision on October 8, 1965 and completed the registration of ownership transfer, but purchased the instant part of the said land with the network M, and made the registration under the network M.

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