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(영문) 대구지방법원 2019.05.15 2017가단134222
소유권이전등기
Text

1. The Defendant indicated in the attached Form No. 1, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, among the 66,16§³ of C forest land in Yongcheon-si, Youngcheon-si.

Reasons

1. Facts of recognition;

A. On October 25, 1966, the network D purchased 1,500 square meters from the network E to the land reclaimed in Yongcheon-gun, Gyeongcheon-do, Gyeongcheon-do, and cultivated it around that time.

B. The land in Yongcheon-gun, Gyeongcheon-do was divided into C-6,116 square meters of forest land in Yongcheon-si (hereinafter “land after division”), F, G, H, and I land between December 1995 and December 1, 1997.

C. On December 20, 1971, the GJ of the network E completed the registration of initial ownership of the land, etc., and thereafter completed the registration of initial ownership of the land after the split-off on July 7, 1997 with respect to the land after the split-off, the registration of partial transfer of ownership was completed to K, L, M, and N, and the registration of ownership transfer was completed on December 16, 1997 with respect to the shares of J, L, and K in the land after the split-off.

In addition, the transfer registration of ownership was completed on December 17, 1997 to P, July 6, 200 to P, and February 9, 2017 to the defendant, respectively.

The network D above a.

On December 17, 1977, the land purchased and cultivated as described in the port was donated to the Plaintiff on or around December 17, 197, and the Plaintiff had been living together with the net D before the death of the net D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, 12, 13, and 14 (including those with a provisional number; hereinafter the same shall apply), witness Q's testimony, result of the measurement and appraisal commission to the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination

A. The following facts and circumstances may be acknowledged if the purport of the entire argument is added to the above facts of recognition.

① The network D had been divided before the death ( August 12, 1983) and had been a farmer in part of the land after the division. The Plaintiff had been living together with the Deceased, etc. from before the death of the network D until then.

② The materials for which the J, K, L, M, N, R, P, Defendant, etc., who was the owner of the land after subdivision, raised any objection to the Plaintiff during the said period.

③ The Plaintiff currently operates an orchard in part of the land after subdivision, and as a result of the measurement, the location of the orchard is attached to the land after subdivision.

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