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(영문) 서울중앙지방법원 2019.02.21 2018나29886

토지인도

Text

1. All appeals filed by the Plaintiff and Defendant B are dismissed.

2. The costs of appeal between the Plaintiff and the Defendant C are assessed against the Plaintiff.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for addition or deletion after dismissal or dismissal as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Sections 3, 7, and 9 of the judgment of the court of first instance shall be applied to the addition or deletion after being dried or dried as follows:

B. 1) The former Gwanak-gu G land (by administrative district change) was currently “Seo-gu H land in Seocho-gu, Seocho-gu, and is the site of the building listed in attached Table 2(2).

) From October 18, 1973 to Gwanak-gu, Seoul Special Metropolitan City V land (current “Seo-gu D”) on October 18, 1973, and this case’s land

A) On October 22, 1973, W, which was put up by Defendant B, acquired the land of the above Seocho-gu H on the ground, and newly constructed a building on November 8, 1977 (hereinafter “the building of this case”) (the building of this case 2”) on the 90.91 square meters for the housing and the store of steel concrete slab and cement brick structure 3 square meters, 90.91 square meters for 2 stories, 90.91 square meters for 3 stories, 90 square meters for 3 stories, 76.03 square meters for underground floors, and 76.03 square meters for underground floors). Since then, the building of this case was extended on June 16, 1989 and entered in attached Table 2 (hereinafter “the building of this case 2”).

After the extension, on April 17, 1991, the use of the building was changed from the house to the neighborhood living facilities, such as the public restaurant and the office.

After that, Defendant B’s mother-friendly X (former name: X) completed the registration of ownership transfer on October 15, 1996 with respect to the above building on the ground of the cancellation of title trust by the judgment of May 5, 1996. On December 29, 1997, Defendant B completed the registration of ownership transfer on the ground of donation made on December 20, 1997. 2) On October 29, 197, “Seo-gu I land” was divided from the above Gwanak-gu G land on October 29, 1973, and around January 10, 1974, the “Seo-gu I land” was registered on the ground of the following: (i) the building (the “Sbub roof roof house and the 71.83m24m2, 11.44m2, 24m2, 98m2, 196m2, 197.