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(영문) 서울서부지방법원 2016.02.12 2014가단244766

토지인도

Text

1. The Defendant (Counterclaim Plaintiff) is one of the area of 182 square meters in Mapo-gu Seoul Metropolitan Government with the Plaintiff (Counterclaim Defendant).

(a) Appendix 11, 12.

Reasons

1. Basic facts

A. The Seoul Mapo-gu Seoul Metropolitan Government (Seoul Mapo-guD before the change of the name of the administrative district on June 1, 1989) is about 182 square meters (hereinafter “instant site”), and the registration of transfer of ownership by E on October 13, 1973 and the registration of transfer by F on March 12, 1974 is completed on October 21, 1982 after F completed the registration of transfer of ownership by trade reason.

B. On the ground of the instant site, around 1973 by the Defendant’s husband G, it was newly constructed by the Defendant’s husband of the building site, as well as the sapap evaluation house (hereinafter “the instant site housing”).

With respect to the instant land-based housing, E, around December 1973, completed the registration of ownership transfer on March 12, 1974 after E completed the registration of ownership preservation, and on October 21, 1982, the Plaintiff completed the registration of ownership transfer on the ground of sale.

C. On November 25, 1969, G completed the registration of ownership transfer on the ground of sale (i.e., August 16, 1957) and completed the registration of ownership transfer on November 27, 200 due to a consultation or division, with respect to the land adjacent to Mapo-gu Seoul Metropolitan Government H 116 square meters (hereinafter “instant adjacent land”).

G on December 11, 1978, the G completed the registration of initial ownership as to wooden mentor and extract assessment building constructed on the ground of the adjoining land of this case [17 square meters, 56.1986 square meters, 7 square meters, hereinafter “the building of this case”). On April 10, 1982, G removed the said one house after obtaining a construction permit, and started the construction of a multi-family housing building with bricks and reinforced concrete structure (76.04 square meters, 25.63 square meters, hereinafter “the adjoining land building of this case”) from April 20, 1982.

From the date of completion, G and the Defendant’s use of the adjoining land building in the instant case as a residence was approved on January 18, 2007 after G death pursuant to the Act on Special Measures for the Readjustment of Specific Buildings (Act No. 7698), and the Defendant on January 25, 2008.