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(영문) 전주지방법원남원지원 2015.12.16 2015가단2073
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer on the land of this case, which was registered under C on October 16, 1992, due to consultation on the acquisition of public land as of September 15, 1992. 2) The Plaintiff is currently occupying the land of this case.

B. Change in ownership of adjoining land 1) Land of 802m2 square meters in the area of Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun (hereinafter “Adjoining land”).

(2) The Plaintiff completed the registration of ownership transfer on October 21, 1986 with respect to adjoining land owned by E on November 5, 1986.

3) The Plaintiff completed the registration of ownership transfer on the adjoining land to F on February 23, 1999 by reason of donation made on February 1, 1999. 【Ground for recognition】 The fact that there is no dispute, Gap evidence Nos. 4 through 9 (including the serial number, the descriptions and images of Eul evidence No. 1, and the purport of the whole pleadings.

2. Determination as to the cause of claim

A. On January 26, 1983, the deceased G, the husband of the Plaintiff’s claim, purchased the instant land and its adjacent land from the deceased E in a white paper 38 Ghana, and then paid a white paper 38 Gama on January 27, 1983 to the deceased E on January 27, 1983, and received delivery of the instant land and its adjacent land.

However, since the instant land was attached to the neighboring land and was smaller than the adjoining land, the Plaintiff and Dong G were aware that the aggregate of the instant land and the adjoining land is not a separate land, but a neighboring land.

Accordingly, we did not think that the registration of ownership transfer should be made with respect to the land of this case, and completed the registration of ownership transfer in the name of the plaintiff on November 5, 1986, as stated in paragraph 1(b) only with respect to the adjacent land.

As such, the Plaintiff and the deceased G have occupied and cultivated the instant land and its neighboring land from January 27, 1983, and the Plaintiff continues to occupy and cultivate the said land even after the deceased G died on November 2, 1996.

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