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(영문) 서울중앙지방법원 2018.04.27 2015가단5288350

토지인도

Text

1. The Plaintiff (Counterclaim Defendant) indicated the attached Form No. 9, 10, 5.00 square meters on the Defendant (Counterclaim Plaintiff) D in Seocho-gu Seoul Metropolitan Government G Dae-gu, Seoul. 206.7 square meters.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On January 18, 1990, the Plaintiffs acquired the ownership of the Seocho-gu Seoul Metropolitan Government G Dae-gu 206.7 square meters (hereinafter “the Plaintiff’s land”). On the ground, on November 16, 1990, the registration of ownership preservation was completed for the Plaintiffs to jointly own one-third shares on the ground.

B. On September 27, 1992, H, the Defendant D’s father, entered into a sales contract on the land of the Plaintiffs, Seocho-gu Seoul Seocho-gu I 1, 166.1 square meters (hereinafter “Defendant D”) and the housing of two brickds and slabd roofs (new November 22, 197) adjacent thereto, and completed the registration of ownership transfer in the name of the Seoul Central District Court 96Gahap22803, which filed against Defendant J on August 1, 1996, and completed the registration of ownership transfer in the name of H on September 17, 1996.

After that, on February 24, 2015, the registration of transfer of ownership was completed in Defendant D's name on the ground of donation.

C. Meanwhile, family members, including H and Defendant D, completed a move-in report on the said house on November 10, 1992, and the two houses of the brick sloping roof located on the ground of Defendant D were extended to 4.35 square meters on October 2, 1998 and the two floors were extended to 68.49 square meters, respectively.

K purchased the Seocho-gu Seoul Metropolitan City L Building (hereinafter “Defendant E”) and its ground building abutting on the land owned by the Plaintiffs, and completed the registration of ownership transfer on November 3, 1983. Defendant E and F purchased the above land and ground building from K on October 26, 2007 and completed the registration of ownership transfer on December 20, 207. The above ground building was completed on November 10, 1993.

E. All the land owned by the Plaintiffs and the Defendants were divided and arranged around January 22, 1981.

F. At first, there was a fence between the Plaintiffs’ land and the Defendants’ land, and H, K, and the Defendants, the previous owners, were housing units or units on the ground.