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(영문) 대전지방법원 서산지원 2017.02.08 2016가단167
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From around 1975, the Plaintiff from around 1975, owned D, 695.5 square meters (on November 11, 2015, the area of the cadastral resurvey was changed from 655 square meters to 695.5 square meters; hereinafter the real estate location was indicated only on the lot number below). Since around 1971, E, the Defendant’s father, owned a F large 152 square meters, G large 129 square meters, and C large 185 square meters.

B. Around 190, the Plaintiff, E, and H, the owner of another land in the vicinity, claimed that the Plaintiff was 367 square meters of J before J from 190, and the Plaintiff was 418.6 square meters of J’s land before partition. However, according to the statement in the evidence No. 2, it can be acknowledged that the said land area is 367 square meters of land size.

On September 22, 2015, the Plaintiff’s assertion appears to be based on the result that the area of J land was changed from 80 square meters to 131.6 square meters after partitioning due to the cadastral resurvey. The Plaintiff jointly purchased the land and paid KRW 3.3 million with the purchase price.

C. On October 28, 1993, the Plaintiff, E, and H completed a divisional survey on J land, and subdivided into 80 square meters prior to J, 76 square meters prior to K, and 211 square meters prior to L, and on the part of 80 square meters prior to J, H completed each registration of preservation of ownership with respect to 76 square meters prior to K, E completed with respect to 211 square meters prior to L.

D The Plaintiff’s housing is located in the Plaintiff’s housing, the K is the Plaintiff’s agricultural materials warehouse in the land, and the F is the E’s housing in the land, and the E’s Kim building site in the land, and the E’s c, 4, 5, 6, and 3 points in the annexed drawing among the land C were located in the ship.

The location and status of the above land shall be as indicated in the results of the cadastral status survey in attached Form 1.

E. E died on August 30, 2009, and the Defendant, who is the child, completed the registration of ownership transfer on September 3, 2009, based on donation as to land C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 4, the purport of the whole pleadings

2. The Plaintiff’s assertion, E, and H purchase of J land before subdivision, and the Plaintiff out of the purchase price of KRW 3.3 million.

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