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(영문) 광주지방법원순천지원 2019.08.22 2017가단80223
소유권이전등기
Text

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

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

Reasons

1. Basic facts

A. On September 1, 1992, the Plaintiff purchased from Defendant B, on September 1, 1992, the 34,253 square meters of I forest in Jeonnam-gun, J forest, 15,074 square meters of J forest, and 694 square meters of K forest (hereinafter “instant sale”), and completed the registration of ownership transfer on each of the above lands on September 24, 1992.

B. On June 29, 1994, Defendant B completed the registration of transfer of ownership on the basis of donation on May 5, 1984 with respect to F-Dompon 132 square meters (hereinafter “F land”) in Jeonnam-gun, Jeonnam-gun on June 29, 199, and completed the registration of transfer of ownership on the ground of sale on March 6, 1993 with respect to E, which was owned by L on April 20, 207.

Meanwhile, G 1,336 square meters (hereinafter “G land”) and H 188 square meters (hereinafter “H land”), respectively, share 1/3 shares from August 24, 1981 in common by the Defendants from August 24, 1981.

C. The land E and H land are adjoining to J forest among the land subject to the instant trade, and the land F and G are adjacent to the said J forest.

On the ground of E, the Plaintiff's traditional high-ranking trees and the Defendant's new improved trees are mixed, and the Defendant's improved high-ranking trees were planted in F land, and the Plaintiff was planted in H land, respectively.

On the other hand, in around 2004, the Plaintiff installed a chickens on the ground of G land, but removed it at the beginning of 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including paper numbers), the result of this court's request for surveying and appraisal of the cerealistic branch office of the Korea Land Information Corporation, the result of appraiser M's appraisal of trees, the purport of the whole pleadings

2. Determination as to the cause of action

A. On September 1, 1992, the Plaintiff asserted that each of the instant lands was purchased from Defendant B, and each of the instant lands was not registered in the name of Defendant B, and at the time, Defendant B was unable to complete the registration of ownership transfer.

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