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(영문) 대구지방법원 2017.09.26 2016가단131301
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The land’s land’s size of 5,950 square meters in the Gyeongbukbuk-gu C Cemetery prior to the partition is the land assessed against F on January 10, 1919.

(b) In the land before the subdivision of land division and registration conversion, the subdivision of land and registration conversion have been completed as follows:

Before subdivision, C 5,950С: (a) G cemetery was divided on June 15, 1994; (b) on June 15, 1994; (c) on November 23, 1995, 1,985С of 1,394С of the registration conversion H miscellaneous land; and (d) on January 15, 2001, 875С of 1,391С of the divided D miscellaneous land, divided on August 15, 1997; and (c) on January 15, 2001, E- 329С of E- miscellaneous land divided into 516С of 594С of 194С of H miscellaneous land; (d) on August 1, 1997; and (e) on the division of 373С of land of this case, which was disposed of after the division into 516С of 145 square meters of land after the division.

When each land, which is the part of the dispute of this case, is individually changed, only the parcel number, land category, and area shall be indicated by omitting the administrative Dong name at the seat, and when referring to the whole three parcels of land in the dispute of this case, referring to the "land in this case".

C. The registration of initial ownership was completed on June 24, 1993 by the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502) with respect to the C cemetery 5,950 square meters prior to the subdivision.

According to the letter of confirmation and guarantee issued by N for registration of preservation of ownership, the N purchased the land before subdivision from F registered as the owner in the forestry cadastral book on October 25, 1959.

On July 16, 1993, Defendant A completed the registration of ownership transfer on the ground of donation with respect to 1/2 shares of the C cemetery 5,950 square meters prior to the division to Defendant A on July 16, 1993.

B. It is located at a size of 5,950 square meters of C cemetery prior to the division after the donation.

The transfer registration of ownership is made in order of the P on July 8, 1997, with respect to the shares of 192/3956 out of the remaining 1/2 shares of N among the remaining 1/2 shares after the division of each land, such as the entry in the port, remaining after the division.

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