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(영문) 창원지방법원 2018.02.07 2017나53139
소유권이전등기
Text

1. All appeals filed by the Defendant (Appointeds) and the designated parties are dismissed;

2. The costs of appeal are assessed against the defendant (appointed party) and the defendant.

Reasons

1. Basic facts

A. The instant land (around 87 square meters) is divided into G orchard 1,553 square meters from the window of Changwon-si, and the registration of ownership transfer was completed on July 20, 1962 in the name of H, a lodging room of the original Defendant and the designated parties (hereinafter collectively referred to as “Defendants”), which is the father of the Defendants, under the name of the deceased I (hereinafter “the deceased”). The registration of ownership transfer was completed on September 24, 1993 under the name of the deceased J, a father of the Defendants (hereinafter “the mother of the Defendants”).

B. The Deceased died on November 27, 2006, and the deceased J died on December 5, 2009, and the Defendants, their children, jointly inherited the deceased J’s property, such as the instant land.

C. In the 1970s, the Plaintiff built and used one community center (unregistered deemed to have not been registered) in approximately 24 square meters on the part of the ship connected with each point of the annexed drawing Nos. 1, 2, 3, 4, 5, 6, and 1, which are part of the land in the instant case. On July 7, 1997, the Plaintiff destroyed the community center building of the cement block structure and installed a steel container building on the instant land, and used it as a community center and center for senior citizens.

The Plaintiff newly established a community center and a center for senior citizens on the instant land with the support of the Changwon-si in early 2002 and decided to build a new community center and a center for senior citizens on the instant land, thereby completing registration of the preservation of ownership in the name of Changwon-si on June 18, 2002, by holding one building of a single floor of 65.52 square meters (19.8 square meters), and completing registration of ownership in the name of Changwon-si on the instant land. The land category in the public register of the instant land was changed from orchard on July 20, 207 to the site

E. At present, the above sculpture community center and the senior citizen center building are located on the front side of the attached Form 2 (the rear side of the building adjoining to the opposite part of the above 24 square meters) and the remainder of the building site (the site of the building) on the land in this case shall be the access road packed cement and packed to the public road.

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