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(영문) 창원지방법원밀양지원 2017.11.29 2015가단12118
소유권이전등기
Text

1. As to the Plaintiff’s share of 11/110 in the attached list, Defendant B, and E, and Defendant C’s share of 36/110.

Reasons

1. Facts of recognition;

A. On December 3, 1986, the Republic of Korea changed the category of G 296 square meters (in size conversion, 979 square meters; hereinafter “G land before division”) into “building site,” and completed the registration of ownership transfer on September 11, 1948 on the ground of the reversion of rights.

B. On November 22, 1996, Korea: (a) divided G land before subdivision into G 264 square meters; (b) H 7 square meters; (c) J 93 square meters; and (d) J 117 square meters (hereinafter “instant land”); (b) K 59 square meters; (c) G 85 square meters; (d) M 39 square meters; (e) N 203 square meters; and (e) completed the registration of ownership transfer with respect to the said G 264 square meters to P on June 26, 1986; and (e) completed the registration of ownership transfer with respect to the instant land to the Plaintiff on July 24, 2015.

C. Meanwhile, around 1938, the net Q newly constructed a building listed in the separate sheet (hereinafter “instant building”) on the instant land among G land before partition.

The plaintiff's father-R was living in Yangyang-si G and died at the same address around January 18, 1946, and the plaintiff continued to live in the building of this case from the date of birth to the date of birth.

E. The deceased on January 10, 1989, and the deceased on January 10, 1989, and the deceased on March 22, 1998, and the wife and children were the Defendants. The deceased on March 22, 1998, and eventually, the deceased Q’s inherited property was succeeded to the shares of Defendant B, E, 11/10, 36/110, 36/110, 36/10, 26/110, respectively.

【The Plaintiff and Defendant B, C, and D: The absence of dispute, Gap evidence Nos. 1 through 8 (including the number of branches), Eul evidence Nos. 2 and 3, U’s testimony, U’s entire purport of pleading, and defendant E and F: Article 150 of the Civil Procedure Act

2. The assertion and judgment

A. The plaintiff alleged by the parties, since R purchased and occupied the building of this case from net Q around 1940, and since January 18, 1946 when R died, the plaintiff occupied the building of this case by succession from around 1940 to the present day. Thus, it is from around 1940.

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