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(영문) 창원지방법원 2017.10.19 2016가단117721
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Before the division, on January 20, 1971, the registration of ownership transfer was completed on September 11, 1948 with respect to FJ 258 (hereinafter “F site before division”).

B. The F’s land before subdivision was divided into approximately 56 square meters in Kimhae-si F (hereinafter “F’s land after subdivision”) and approximately 27 square meters in E (hereinafter “instant land”). As to the instant land, the registration of subdivision was completed as of August 29, 1981 by Changwon District Court, Kimhae-si, which was received on August 29, 1981, and as to the F’s land after subdivision, the registration of ownership transfer was completed on July 5, 1960 by Changwon District Court, Changwon-si, Kimhae-si, which was received on August 29, 1981 on the F’s land after subdivision.

C. G died on February 1995, and H, his children, completed the registration of ownership transfer due to inheritance by consultation and division on February 21, 1995 with respect to F’s land after the division on March 7, 1995.

H died on May 20, 2016, and the Plaintiffs are the inheritors of H.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3, Gap 5-1, 2, Gap 6-1, 2, and Gap 9-2, the purport of the whole pleadings

2. On July 5, 1960, the Plaintiff’s assertion G purchased the F site prior to the split-off, which is the property devolving upon the Defendant, and completed the registration of ownership transfer for reasons of the said sale on August 29, 1981. In the process of the split-off of the instant land from the F site prior to the split-off, the matters concerning the registration of ownership transfer in G name were omitted.

G had been continuously occupying the instant land as its owner’s intent to own the instant land in a peaceful and openly manner before the piracy, and H and the Plaintiffs succeeded to the possession in sequence.

Article 2 subparag. 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State (amended by Act No. 1455 of Nov. 30, 1963; hereinafter “Reversion Property Act”) and the Addenda of the same Act, which purchased the F site before the division.

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