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(영문) 서울서부지방법원 2019.08.22 2018나34999

토지인도

Text

1.(a)

Any removal or request for extradition that has been changed in exchange in this Court, and any subsequent claim for restitution of unjust enrichment after January 2, 2018.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and C, on December 31, 1987, owned the Plaintiff’s land, etc.

(A) Each one-half share of the registration of ownership transfer is completed, and the form is as follows: (a) the appraisal is based on the result of the survey appraisal conducted on January 15, 2019 by the court appraiser I, and is as shown in the attached appraisal.

(1) Of the display, the part on board 33.4 square meters (i.e., 10.1 square meters) and the part on board (i.e., 1,2, 3, 4, 5, 6, 7, 8, and 100 square meters) are attached to the Plaintiff’s land (i.e., 00 square meters). GHJ 2) are adjacent to the Plaintiff’s land, Yongsan-gu Seoul Metropolitan Government H-gu and 367.3 square meters and above-ground 4 square meters (i.e., Class 1 and Class 2 neighborhood living facilities

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B. The ownership relationship of the Defendant’s land and building of this case, etc. 1) around August 20, 1959, land indicated in Paragraph 2 of attached Table No. 2 (hereinafter “Defendant’s land”).

3) On the ground, the second floor building (hereinafter “instant Defendant building”) is located on the ground.

(2) On July 4, 1979, D completed the registration of ownership transfer as to the instant Defendant building on the following grounds: “The details of the building in the public record are as follows: “The 2nd floor of cement block block, 2nd floor neighborhood living facilities, 52.89 square meters (stores), 2nd floor 46.28 square meters (2nd floor usage details: neighborhood living facilities: 19.83 square meters, 26.45 square meters).”

On the same day, the registration of ownership transfer concerning the 1/3 co-ownership shares of the Defendant’s land was completed, and on March 27, 1999, all of the above land ownership was acquired upon the confirmation of partition under the Act on Special Cases Concerning the Partition of Co-owned Land

E/F purchased the above land and buildings from D on July 17, 2006 and completed the registration of ownership transfer on August 18, 2006.

3) The Defendant purchased the above land and buildings on July 22, 2014, and completed the registration of ownership transfer on September 2, 2014. (C) The most part of the Defendant’s building is on the instant Defendant’s land adjacent to the instant Plaintiff’s land, but a part of the Plaintiff’s land was invaded.

The following photographs: