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(영문) 춘천지방법원 강릉지원 2018.07.17 2017나31347
소유권이전등기
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Gangwon-do H 2,130 square meters (hereinafter “instant land”) which was the land before the subdivision of each real estate listed in the separate sheet Nos. 1 and 2 of the attached Table Nos. 1 and 1 and 2 is indicated in the Land Survey Division as being the case to “I

(name is not written). (b) The address is not written.

In the process of restoring the cadastral record as to the land of this case after being destroyed by Korean War, etc., the land of this case was divided into KRW 129, Gangwon-do, and KRW 164, KRW 164,053, KRW 139 (hereinafter “instant land”) before J, and KRW 139, KRW Q276, and KRW 369, respectively.

C. 1) According to the restored land cadastre, the land No. 1 in this case is owned by I, and the land No. 2 in this case is owned by L (the address of the owner is not indicated in the land subject to restitution). 2) The land Nos. 1 and 2 in this case is unregistered until now.

The Defendants initially established their permanent domicile in Gangwon-do M, and then they are N's successors who transferred their domicile to Pyeongtaek-gun S in Gangwon-do around 1968.

[Ground of recognition] The fact that there has been no dispute, Gap's 6, 7, 10 through 19 (including the number of branches) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the land of this case was divided into the land of this case Nos. 1 and 2 in the process of restoring the cadastral record after being examined by the network I. As such, the land of this case Nos. 1 and 2 in the process of restoring the cadastral record is presumed to be owned by the network I, who is the title holder of the circumstance. N, the predecessor of the Defendants, and I, the title holder of

On the other hand, the plaintiff purchased the adjacent land of the 1 and 2 of this case from T, and completed the registration of ownership transfer on the grounds of sale as of November 15, 1973. The plaintiff purchased the adjacent land of this case as of June 2, 1981, and also purchased the adjacent land of this case 1 and 2 at the time of purchase.

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