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(영문) 제주지방법원 2017.03.27 2015가단18632
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. On September 4, 1980, C acquired 7,088 square meters (hereinafter “Plaintiff’s land”) prior to Seogpo-si, Seopo-si, Seopo-si, and the said land needs to pass along the road to the public road as recorded in the copy of the cadastral map as shown in the attached Form.

B. Accordingly, on October 20, 1980, C prepared and signed and sealed a certificate of land sale (entry/entry) with the following content with the Defendant (which appears to have been represented by the Defendant) who is the owner of land adjacent to E, E, 74 square meters (hereinafter “Defendant’s land”) in order to secure a passage, and F and G signed and sealed it as a guarantor.

(1) Indication of real estate: 2) The price of real estate shall be 495,00 won: 3) the ownership of the defendant is clear; and 495,000 won shall be paid for the real estate; and the real estate shall be sold to him/her; and the reasons for selling the electrical passage shall be mutually understood that the passage should be passed as before it reaches the passage; and if the passage is sold to a third party, only the passage shall be permitted to pass by the same way, and a signature and seal shall be affixed thereon.

(c).

C sold the Plaintiff’s land to H on March 5, 1981, and H sold to the Plaintiff on April 2, 1982, and the Plaintiff sold to I on July 3, 1987, and I sold to the Plaintiff again on January 12, 1995, and the ownership transfer registration was completed in the Plaintiff’s future on January 18, 1995.

The plaintiff set up a farm house on the plaintiff's land in 2000 and resides in the plaintiff's land, and has contributed to the plaintiff's land through the passage of this case.

[Ground of recognition] Unsatisfy, each entry of Gap 1-7 evidence (including paper numbers), and the purport of the whole pleadings

2. The Plaintiff asserted that C purchased the instant passage from the Defendant, and thereafter, the Plaintiff’s land and the instant passage were sold in sequence to H, the Plaintiff, I, and the Plaintiff, and finally, the Plaintiff’s land and the instant passage were sold.

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