beta
(영문) 창원지방법원밀양지원 2019.05.14 2018가단12294

소유권이전등기

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).

Reasons

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

1. Basic facts

A. (1) On May 12, 1989, the Plaintiff purchased G-ground wooden tank and 2 roof on May 12, 1989, and completed the registration of ownership transfer on October 20, 1989. On June 12, 1989, the Plaintiff completed the registration of ownership transfer on June 1, 1989 with respect to 180/200 shares out of G-type 661 square meters, a building site of the said house, for sale on June 1, 1989; and on June 27, 2018 with respect to remaining 20/200 shares on June 25, 2018, for each registration of ownership transfer on June 25, 2018, H completed the registration of ownership transfer on the ground of sale and purchase as to 1,435 square meters adjacent to the Plaintiff’s land on January 18, 198.

Defendant B’s son and girls of H, Defendant E’s spouse, Defendant C, and Defendant D are children of Defendant B, and the Defendants completed the registration of ownership transfer on October 7, 2015 with respect to each of the 1/4 shares of the above land on the ground of donation on September 23, 2015.

3) The location of the land owned by the Plaintiff and the Defendants is as indicated in the attached Form 2. B. The Plaintiff from around May 12, 1989 to around 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, and 11 of the aforementioned F land owned by the Defendants from around May 16, 198, is as indicated in the attached Form 1, 12, 13, 14, 16, 17, 18, 19, 2

(C) As of the date of the closing of argument in this case, the Plaintiff occupied and installed waste, such as flag, agricultural products, trees, etc. on the ground of the above occupied land. Moreover, the Plaintiff’s damages to the ship, which successively connected each point of the aforementioned F F F F F F F F F F F F F F F F F, is 41m2, 23, 24, and 6m2 (hereinafter “instant traffic route”).

(D) The Plaintiff’s land is used as a passage leading to the Plaintiff’s access to the I road. The Defendants, on April 2, 2019, delegated the right of return of unjust enrichment from H to the Plaintiff by taking over the right of return of unjust enrichment from the possession of the instant land in possession to the Plaintiff, and notified the Plaintiff of the assignment of claims on April 3, 2019, and the notification reached the Plaintiff on April 10, 2019.