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(영문) 창원지방법원 2017.11.08 2017가단101198
토지인도
Text

1. The defendant shall be the plaintiff.

A. From July 2, 2017 to Kimhae-si, the attached Form 7,501 square meters of land shall also be indicated on the 601,000 won and on the 7,501 square meters of land.

Reasons

1. Facts of recognition;

A. On July 14, 1993, 7,501 square meters of B forest land in Kimhae-si (hereinafter “instant land”) is a mountain village, which was inherited in accordance with the Defendant’s reasoning, and the Defendant’s Republic of Korea, Kim Dong-nam completed the registration of ownership transfer of the instant land pursuant to the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 4502, Sept. 14, 1993). Thereafter, F purchased it in a voluntary auction procedure on February 7, 2003, and thereafter acquired its ownership. The Plaintiff purchased it on July 2, 2015 and completed the registration of ownership transfer.

B. The Defendant’s lighting G was deceased on September 3, 1943, and the Chomo H died on December 14, 1976, and the father D died on August 7, 1978, and the mother C died on December 14, 2006. Of the instant land, the Defendant’s lighting G and Hamo’s grave on the ground of a partial 7m2 and a partial 7m3m2, the Defendant’s lighting G and Hamo’s Hamo’s grave on the ground of a partial 7m3m2 and a partial 9m3m2 (hereinafter “part”), respectively, was installed at the time of the Defendant’s death; thereafter, C’s grave was installed together with D’s grave at the time of the death and was installed in the form of a subdivision.

C. After the death of February 22, 2004, the Defendant, as the resident of the company, has been in possession of a part of 193 square meters in the attached drawing among the instant land, which is each of the instant graves and its base, while protecting and managing each of the graves of his grandparents and his parents.

[Ground of recognition] No dispute exists or the entire purport of the statement and pleading by Gap 1, 2, 6, and Eul 1 (the defendant led to the confession that the graves of Eul were installed in the form of a subdivision in the previous D's grave, but the confession was revoked at the second date for pleading, but there is no evidence to acknowledge that the confession was contrary to the truth and due to mistake)

2. Determination

A. (1) According to the facts of recognition as to the claim for the land rent, after the defendant's grandparents and father graves were installed on the land of this case owned by the defendant's ancestor or a funeral Eul, the ownership of the land of this case shall be held on February 7, 2003.

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