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(영문) 대구지방법원영덕지원 2013.11.26 2012가단1455
소유권이전등기
Text

1. The Defendant indicated in the attached Form No. 2, 3, 4, 5, 6, 12, 11, 10, and 2, among the 79m2 in Ulsan-gun, Ulsan-gun, the Plaintiff, respectively.

Reasons

1. Basic facts

A. On September 3, 1972, E, the Plaintiff-friendly, entered into a sales contract with the deceased F and Chungcheongnam-gun, Ulsan-gun, with part of the land as the subject matter of sale, and occupied by delivery of the said subject matter of sale at that time.

B. The Plaintiff, the heir of E, is an indirect possession of the part of 7 square meters in 19 square meters in the attached Form 2, 3, 4, 5, 6, 12, 11, 10, and 2, among the 79 square meters in Seoul Special Metropolitan City, Chungcheongnam-do (hereinafter “C land”) via G, which connects each point of 2, 3, 4, 6, 12, 11, 10, 10, and 60 square meters in the part of 14 square meters in the ship and 24 square meters in the D Special Metropolitan City, Ulsan-gun, Chungcheongnam-do (hereinafter “D land”), which connects each point of 4, 13, 18, 17, 5, and 4 in the order of the attached Form 4, 13, 17, and 7,000 square meters in the ship (hereinafter “instant land”).

C. On May 21, 1985, the Daegu District Court, Ulsan District Court (Seoul District Court No. 5932, May 21, 1985), issued a registration of ownership preservation with respect to the land C, and the registration of ownership transfer with respect to the land D was completed under the name of the defendant under the Daegu District Court No. 4262, Apr. 10, 1985.

[Ground for Recognition: Facts without dispute; entries in Gap evidence 1 through 3 (including each number of evidence); witness G’s testimony; the result of the survey and appraisal conducted by appraiser H; the purport of the whole pleadings]

2. Determination as to the cause of action

A. On September 3, 1972, E, the Plaintiff’s priority of the Plaintiff’s assertion, occupied the instant land from F, and the Plaintiff succeeded to the possession of E, the decedent, and continued to occupy the instant land with the intent to own it for at least 20 years in total.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on September 3, 1992 with respect to the instant land to the Plaintiff.

B. Determination is based on the following: Gap evidence 2-1, 3, 5, 7, 8, 10, 6-1 through 6, 9-1, 2-2, witness G, I's testimony, and appraiser H's measurement and appraisal result.

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