logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.09.17 2014나34373
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On December 31, 1964, K 2,089 square meters (hereinafter “N land before subdivision”) owned the network L, and the registration of ownership transfer was completed on July 8, 1950 with respect to the portion 400/632 in the name of the network M on December 31, 1964. On April 18, 1979, K 984 square meters (hereinafter “K land”) and N 1,105 square meters (hereinafter “N land”) were divided into N land, and the registration of ownership transfer was completed on July 7, 1970 under the name of O on August 29, 1981.

B. The Plaintiff paid KRW 2,639,520 as the substitute land settlement amount of the instant land on August 21, 1992, when the land was replaced with 1577mm2 in JJ on June 4, 1992 (hereinafter “instant land”). The Plaintiff paid KRW 2,639,520 as the substitute land settlement amount.

On the other hand, N land was replaced with 1,795 square meters in P paddy field.

C. On November 30, 1994, the Plaintiff independently succeeded to the instant land with the deceased M’s heir. On November 30, 1994, the Plaintiff completed the registration of ownership transfer with respect to the deceased M’s share in the instant land pursuant to the former Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

The deceased on September 3, 2004, and the deceased on September 3, 2004, the Defendants, the inheritor, inherited the deceased L’s inherited property in proportion to the shares of Defendant B, C, D, E, E 7/35, Defendant G3/35, Defendant H, and I 2/35.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 6 (including each number), each of the statements and images No. 1 through 6 (including each number), the testimony of the first instance court witnessO and Q, the fact inquiry results of the first instance court's smuggling market, and the purport of the whole pleadings

2. Determination on the claim for ownership transfer registration based on the prescription period for possession acquisition

A. In full view of the facts of the judgment as to the cause of the claim and the testimony of the witness of the first instance trial and the witness of the witness of the first instance trial, as seen earlier, the registration of transfer of ownership on N land transfer as seen earlier around July 7, 1970, when theO purchases part of the land before subdivision.

arrow