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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 24, 1935, C completed registration of ownership preservation on D 595 square meters (180 square meters at the time of Gyeong-gun, Dong-gun, Dong-gun, Do-do, but not before or after the change of administrative district and conversion of the area, hereinafter “the land before the instant subdivision”). The Plaintiff’s father E purchased the said land from C on October 10, 1935, and completed registration of ownership transfer on October 24, 1935, for sale.
B. E died on May 28, 1950. On August 31, 1981, the Plaintiff completed the registration of ownership transfer due to sale on March 2, 1959 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate, which was in force on the land prior to the instant partition (amended by Act No. 3094, Dec. 31, 1977; Act No. 3159, Apr. 6, 1978; Act No. 3562, Apr. 3, 1982; hereinafter “instant Special Measures”).
C. On November 12, 1984, the Plaintiff completed the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) on the instant land, which was divided on April 26, 1983, after the completion of the registration of ownership transfer in the name of the Plaintiff, from the land prior to the instant division, where the land was divided on April 26, 1983. The Defendant completed the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) on the ground of donation on February 1, 1983, in accordance with the Act on Special Measures for the Management of this case.
The Defendant, around November 12, 1984, packages the instant land and the land adjacent thereto on G road 58 square meters in Gyeongnam-do, Gyeongnam-do, G-do, and H 35 square meters in Gyeongnam-do, Gyeongnam-do (hereinafter the above G land and H land referred to as “instant neighboring land”), and occupies and uses the instant land and adjacent land from around that time to the date of closing argument.