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(영문) 광주지방법원목포지원 2019.01.09 2017가단54730
소유권이전등기
Text

1. The Defendant’s each point is indicated in the attached Form 1, 2, 3, 4, 5, 6, 9, and 1 among the land size of 916 square meters in Jeonnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. The status E of the parties was F and G as children, and the Plaintiff is F’s children, and the Defendant is G’s children.

B. On May 18, 1942, E changed the administrative jurisdiction to R on January 1, 201, 201.

The registration of preservation of ownership was completed with respect to 2,433 J-J forest 2,433 square meters, and the above land became 3,438 square meters and K or L on November 20, 1978 through division, land category change, etc.

(2) On April 23, 1984, the Defendant completed the registration of ownership transfer on the ground of donation on March 20, 1970 with respect to the land of 3,438 square meters prior to the said J (hereinafter “land prior to subdivision”). On October 13, 1997, the said land became 559 square meters prior to J through subdivision, land category change, etc., and 1,111 square meters prior to D.

(3) On October 20, 2004, the 1,111 square meters prior to the foregoing D was divided into D’s 916 square meters (hereinafter “instant land”) andO and P’s land.

C. Around April 3, 1960, F or the Plaintiff’s husband Q Q with F or F’s her husband was newly built on a part of the instant land (hereinafter “instant house”) a wooden single-story house of 33.06 square meters on the ground, and around that time, he occupied the instant house by cultivating its surrounding land, etc. while residing in the instant house from around that time.

Plaintiff

In addition, from October 20, 1968 to October 20, 1968, the person occupies the surrounding land while residing in the housing of this case.

(2) The part of the instant housing and the part occupied adjacent thereto are as follows: (a) part (A) of the ship connected in order to each point of the instant land indicated in the annexed drawing Nos. 1, 2, 3, 4, 5, 6, 9, and 1 (hereinafter “instant dispute part”) among the instant land.

[Ground of recognition] Facts without dispute, Gap's entries or images, and the purport of whole pleadings, as stated in Gap's 1 through 5, 7 through 20, 22, 23 (including each number; hereinafter the same shall apply)

2. Determination

A. The Plaintiff’s assertion F was occupied by gifting the instant land from E, referring to around 1946, and Q. around April 3, 1960.

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