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(영문) 전주지방법원남원지원 2020.04.29 2017가단11521
소유권이전등기
Text

1. Defendant Republic of Korea is not less than 378 square meters for the remaining Defendants except Defendant Republic of Korea.

Reasons

1. Facts of recognition;

A. On December 31, 1958, Defendant Republic of Korea concluded a sales contract (hereinafter “instant sales contract”) with T and AT to sell KRW 836 square meters (hereinafter “instant land before the instant partition”). The 378 square meters prior to the instant partition (hereinafter “instant land”) was divided into the instant land before the instant partition, on October 10, 2014, to sell KRW 630 (hereinafter “instant sales contract”).

B. On November 19, 1962, AT paid the purchase price under the instant sales contract to Defendant Republic of Korea, but did not complete the registration of ownership transfer as to the land before the instant partition.

Defendant Republic of Korea completed the registration of ownership transfer on September 11, 1947 with respect to the land prior to the subdivision of this case on February 23, 1971.

C. AT sold the land before the instant partition to AV.

AV continued possession of the land before the instant partition and died on December 20, 1988, and AV occupied the land before the instant partition upon receiving a claim for ownership transfer registration of the land before the instant partition against AV.

AW died on December 1, 1994, and AX succeeded to the right to claim the transfer registration of ownership and continued to occupy the land of this case. D.

On January 4, 2017, the Plaintiff purchased the instant land from AX in the purchase price of KRW 8 million, paid all the purchase price to AX, and thereafter occupied the instant land.

E. Meanwhile, AT died on June 11, 1966 (hereinafter “the deceased”), and the remainder of the Defendants except the Defendant Republic of Korea (hereinafter “the Defendants”) inherited the deceased’s property at the corresponding share in the attached Form No. 100.

[Based on recognition] Defendants other than Defendant A Q: Facts without dispute, Gap 1-12 evidence, Eul 1 evidence (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings, defendant A Q: Evidence No. 1-12, Evidence No. 1-12, and the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination

A. According to the above facts of claim recognition against the remaining Defendants, the Plaintiff occupies AX.

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