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(영문) 대전지방법원 2018.05.24 2017가단207410
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) F. 496 square meters in size with the F. 496 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun prior to the division and merger (hereinafter “F land prior to the division”).

on June 30, 1965, the registration of ownership transfer was made in the name of the plaintiff on June 30, 1965. 2) The F land prior to the subdivision was 1978.

2. On 17.17. Flu-gun, Chungcheongnam-gun (hereinafter “F land”) and G 77 square meters (hereinafter “G land”) were partitioned into G-do 7 square meters.

3) On March 20, 1979, the registration of ownership transfer was made for F land under H’s name. On March 23, 1994, the registration of ownership transfer was made for G land under Defendant C’s name on March 23, 1994. (B) On February 24, 1973, the registration of ownership transfer was made in the name of H on February 24, 1973 with respect to the 1st 559 square meters (hereinafter “I land before subdivision”).

2) On February 17, 1978, the I land prior to the subdivision is the I land of 395 square meters (hereinafter “I land”) for the I land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

(C) The Do and JJ 98 square meters, K 56 square meters, and L 10 square meters (the sum of the above J, K, and L land shall be hereinafter referred to as “J, K, and L land”).

3) On February 7, 1979, the registration of ownership transfer was made in the name of the Plaintiff for land I.

C. H died before the instant lawsuit was filed, and the Defendants are the inheritors of H.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff purchased the land before subdivision, and H occupied, occupied, and used the land before subdivision, but the name of the land owner before subdivision was Hro, and the name of the land owner before subdivision was H. The Plaintiff and H agreed to mutually exchange the land before subdivision with F before subdivision around February 17, 1978. 2) In accordance with the exchange agreement, the Plaintiff completed the registration of transfer of ownership of F land to H on March 20, 1979, and H on February 7, 1979, with the Plaintiff completed the registration of transfer of ownership of F land.

3. However, the transfer registration under the above exchange contract is made for G land divided from F F F F land divided into G land and I land divided into B, K, and L land.

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