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(영문) 춘천지방법원 강릉지원 2017.04.25 2016가단3979

소유권이전등기

Text

1. The defendant has each point of the attached Form 1, 2, 3, 9, 10, 13, 12, 11, and 1 among the land size of 58 square meters in Gangseo-si B road.

Reasons

1. Basic facts

A. On August 21, 1959, the deceased acquired and completed the registration of ownership transfer, and possessed it. On September 12, 1973, the deceased succeeded to the deceased, who is the inheritor, the plaintiff, E, F, G, H, and I. Since then the plaintiff completed the registration of ownership transfer for the other inheritor's share as of December 19, 1973.

B. The Defendant filed a registration of preservation of ownership as of April 10, 1979 with respect to the size of 58 square meters adjacent to the above land owned by the Plaintiff.

C. As of the date of the closing of argument, part of the building owned by the Plaintiff is on the ground of 9m2, which connects each point of 1, 12, 13, 10, and 11 of the attached Form No. 11, 2, 3, 9, 10, 13, 12, 11 of the road B owned by the Defendant, and the wall owned by the Plaintiff is located on the ground of 8m2,00 square meters, which connects each point of 1,2, 3, 9, 10, 13, 12

(hereinafter referred to as "the land in this case"). [Grounds for recognition] : entry of Gap evidence Nos. 1 through 3, 7, and 8 (including branch numbers; hereinafter the same shall apply); the result of the verification by this court; the result of the measurement and appraisal of the Korea Land Information Corporation; the purport of the whole pleadings.

2. In the event that the purchaser is believed to belong to the land he/she purchased or acquired and occupies part of the adjoining land by mistake because the purchaser does not accurately check the boundary line of the adjoining land when purchasing or acquiring the land, and occupies part of the adjoining land actually by delivery, the possession of part of the adjoining land shall be deemed to be based on the owner’s intention.

The following circumstances, which can be seen by comprehensively taking account of the evidence employed earlier and the respective descriptions and arguments stated in Gap's evidence and evidence Nos. 3 through 8, 98Da32878, Nov. 10, 198, and Supreme Court Decisions 9Da58570, Sept. 29, 200, etc.). In other words, the deceased's housing was in contact with J Pyeong party and the deceased's common toilets and the deceased's common toilets.