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(영문) 서울중앙지방법원 2017.09.29 2015가단5036993

토지인도

Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached Form 1 drawings among the attached Form 1, 2, 6, and 5.0m2 in Jongno-gu Seoul D major 28.4m2 to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. F, G, H, and I purchased shares of each of the instant land 1 and 2 on August 29, 190 and completed the registration of ownership transfer on August 30, 1990. The Plaintiff purchased one fourth shares of each of the instant land 1 and 2 and completed the registration of ownership transfer on November 27, 1991. The Plaintiff purchased one fourth shares of each of the instant land on November 16, 1991, and completed the registration of ownership transfer on July 26, 1993. The Plaintiff B acquired one fourth shares of H on July 26, 1993 by inheritance through consultation and division, and completed the registration of ownership transfer on July 29, 199 after acquiring the shares of each of the instant land 1 and 2 by inheritance on December 29, 199. The Plaintiff purchased the shares of each of the instant land on July 20, 198 and completed the registration of ownership transfer on July 1, 1998.

B. On August 25, 1998, the Defendant’s father purchased from L the land of Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “Defendant’s land”) and 86.6 square meters of the land of this case (hereinafter “instant building”) and 43.31 square meters of the land of this case, which are adjacent to each of the instant land, and completed the registration of ownership transfer as to the above land and buildings on September 1, 1998. The instant building was changed to the use of Class II neighborhood living facilities on July 12, 2004. The Defendant acquired the instant land and buildings by inheritance through consultation division and completed the registration of ownership transfer in its name on January 29, 2013.

C. With respect to the instant building on the basis of the small-scale line, the drawings attached to the complaint filed by the Plaintiffs 1, 2, 6, 5, and 1 of the instant land among the instant land based on the small-scale line and the drawings attached to the appraisal report as of March 31, 2016 of this Court were identical, and thus, indicated as the drawings attached to the said appraisal report.

In the order of each point, 4.1m2 (hereinafter referred to as “1m2”) is set up on the part of the ship (hereinafter referred to as “1m3”) connected with each point.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, and 12 (including paper numbers), the result of the appraisal commission made on March 31, 2016 for the Vice-Governor of the Seoul Central Land Information Corporation in this Court, and the purport of the entire pleadings

2. The defendant's removal of buildings and land.