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(영문) 인천지방법원 2019.01.09 2018가단206584

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 27, 1989, the Plaintiff owned and occupied the land of this case by the Plaintiff and the Defendant (hereinafter “D land”)

(C) On December 27, 1989, the Defendant is the owner who completed the registration of ownership transfer with respect to the land, and the Defendant is the Jung-gu, Jung-gu, Incheon and 564 square meters (hereinafter “C land”).

(2) The Plaintiff and the Defendant owned the Plaintiff’s building on the ground of the land owned by the Defendant prior to December 1, 2008, which was owned by the Plaintiff on June 1, 198.2) The Plaintiff and the Defendant occupied the said part of the land and the land (attached Form 11, 2, 17, 21, 3, 27, 28, 16, 15, 14, 13, 12, and 11 of the attached Form (attached Form 11, 2, 2, 17, 21, 3, 27, 27, 28, 28, 16, 15, 14, 13, 12, and 51 square meters of the land attached thereto (hereinafter “instant land”).

B. (1) On December 29, 2014, the Defendant filed a lawsuit against the Plaintiff seeking delivery of the instant land and removal of the building on the part (c) part (c) on the ship (hereinafter “prior lawsuit”).

(2) (In Mancheon District Court 2014Gadan85222), and the Plaintiff’s defense of the completion of the statute of limitations for the acquisition of possession of the instant land was accepted, and the Defendant’s claim was dismissed on November 24, 2016. (2) However, the Defendant appealed against the judgment of the first instance, and the appellate court (In Mancheon District Court 2016Na15488) rendered a judgment rejecting the defense of the completion of the statute of limitations for the acquisition of the Plaintiff’s building and accepting the Defendant’s claim for removal of the building and delivery of the land on August 8, 2017, and the said judgment became final and conclusive as a final and conclusive judgment of rejection of the trial at that time.

[Ground of recognition] Facts without dispute, entries in Gap's 1, 3, 5 (including virtual numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's summary of the plaintiff's assertion purchased a building on the ground of D land around 1982, and the plaintiff installs a separate facility, etc. in (b) from that time to that time.