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(영문) 대구지방법원상주지원 2015.04.29 2014가단2159

토지인도 등

Text

1. The Defendant (Counterclaim Plaintiff) each of the Plaintiff (Counterclaim Defendant)

(a)payment of KRW 1,538,522;

(b) starting January 1, 2015;

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On March 17, 1980, the Plaintiff is entitled to the registration of ownership transfer under the name of the Plaintiff (hereinafter “H land”) and the Plaintiff is 453 square meters prior to H at the time of resident registration on March 17, 1980.

(2) On January 21, 1980, the registration of ownership transfer was completed on the ground of sale and purchase, and thereafter on March 3, 1998, Nonparty I made a registration of ownership transfer on the ground of sale and purchase on February 26, 1998 with respect to 49/453 shares of the above land to Nonparty I, who currently holds 404/453 shares of the above land. (2) On March 17, 1980, the Plaintiff completed the registration of ownership transfer on the ground of sale and purchase on January 21, 1980 with respect to 700/870 shares of F large-scale 979 square meters (hereinafter “F land”). On April 6, 1998, the Plaintiff completed the registration of ownership transfer on the ground of sale and purchase on the ground of the confirmation of partition under the Act on Special Cases Concerning the Partition of Co-owned Land, Ltd. and completed the registration on the remainder of ownership as to the Plaintiff’s ownership to the entire land.

3) In addition, the Plaintiff is 872m2 (hereinafter “G land”) at the time of residence.

B) The Defendants’ licenses are also owned. (B) A real estate with ownership transfer registration completed under the Defendants’ names (1) J, which was the Defendants’ licenses, purchased Lbab 2,235 square meters (hereinafter “L land”) from K on July 2, 1971 at the time of residence, and thereafter began to occupy the said land while living in cement block structure, babricated, bab roof housing, etc. (in the above land, there are warehouses, factories, etc. other than the above housing; hereinafter “L-ground building”) on the above land.

2) On November 17, 1993, J died. Accordingly, the Defendants and Nonparty N andO, the inheritor, inherited L land and ground buildings according to their inheritance shares, but currently, following mutual donation, sale, etc., Defendant B and C own 2/13 shares as to the above land, etc., and Defendant D owns 7/13 shares as well as 7/13 shares as to the above land. (iii) Meanwhile, the Defendants had the Defendants’ mother M own land and its ground.