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(영문) 대구지방법원 2016.04.05 2015가단110369
소유권이전등기
Text

1. Of the 275 square meters in the Gyeongbuk-gun, the Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 12, 11, 10, and 1, respectively, on the part of the Plaintiff.

Reasons

1. Basic facts

A. On November 6, 1991, from D, 747 square meters (hereinafter “D land before subdivision”) in the 747 square meters (hereinafter “D land before subdivision”) in the Gyeongdong-gun, Chungcheongnam-do (hereinafter “D land before subdivision”), D & 275 square meters (hereinafter “D land after subdivision”) were divided, and D & 472 square meters were left after subdivision.

With respect to each of the above lands, the registration of ownership transfer was completed in the following order:

(1) March 5, 1934 (Sale) (2) March 29, 1979 (F) (3) June 3, 1985 (Sale) (4) October 30, 2013 (Inheritance by consultation on August 11, 2013)

B. H 115 square meters (hereinafter “H land”) is adjacent to the instant land (see attached drawings) and the ownership transfer registration was completed in the following order: (a) the land was adjacent to the instant land.

(2) On April 2, 1985, the Plaintiff (trade)

C. E, the previous owner of the instant land and H land, is the Plaintiff’s assistance.

E sold F’s penalty for the part where the boundary between H and H’s land was connected before subdivision, and F’s penalty was donated to F.

F did not register the ownership transfer of the donated land. The F completed the registration of ownership transfer based on sale on February 3, 1966 by Act No. 3094, which was due to the sale on February 3, 1966, because the D land prior to the division was not divided at the time, thereby completing the registration of ownership transfer in F future as to the entire D land prior to the division.

E At the time of selling land to F, the boundary part where a soil fence was installed between the land D before subdivision and H land is connected to the line that connects 10, 11, and 12 of the annexed drawing.

F In around 1978, F destroyed the original grassland, which was on the ground of D land after the division, newly constructed cement brick structure, reticulator roof housing, and damaged the existing soil fence and installed cement block fences on the site.

In the end, F is, among the D lands before the division, D. in fact after the division.

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