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(영문) 서울남부지방법원 2015.01.16 2013가단216475

토지인도

Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) B is attached to the attached Form 681m2 at the time of stay in the Gyeongbuk-do.

Reasons

1. Basic facts

A. A. Around 1949, the Plaintiff’s Plaintiff’s land ownership-related land RV purchased the instant land from the deceased F, the nominal owner of the instant land. The Plaintiff succeeded to the instant land through the deceased G, the spouse of the Plaintiff, and on March 3, 2008, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”), the registration of ownership preservation (hereinafter “registration of ownership preservation”) in the Plaintiff’s name was completed.

B. The possession relationship 1) The non-party He, who is the spouse of Defendant C and the father of Defendant B, is the non-party He, the spouse of Defendant C and the non-party He, around August 1978, shall be I to 434 square meters (hereinafter “the above I land”).

A) In the context of a sale and purchase contract between J, a co-owner of the 1/2 shares of J, to determine the subject matter of sale and purchase as “building and site Section (including land owned in the preceding)” and to purchase 1.5 million won, the sale and purchase contract was concluded between J around December 7, 1978, with the payment of the purchase price to J, and the said I land and the building constructed on the land adjacent thereto (hereinafter “previous building”).

(2) The part of the attached survey appraisal in the land of this case, among the land of this case, is 57.4 square meters in the ship connecting each point of the 39, 40, 40, 41, 42, 43, 44, 45, 46, 30, 29, 28, and 39, and the part of the attached survey appraisal among the land of this case is 57.4 square meters in the ship (hereinafter “the part of the first bedroom in this case”) and adjacent Gyeong-do resident on the land of this case, at the time of residing on the road of this case, he occupied the land of this case as math with the site of the previous building.