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(영문) 서울중앙지방법원 2020.10.21 2020나41896

토지인도

Text

The judgment of the first instance court is modified as follows. A.

The defendant shall attach attached Form 11.9 square meters to the plaintiffs of Yongsan-gu Seoul Metropolitan Government.

Reasons

1. Basic facts

가. 망 E(이하 ’망인‘이라 한다)은 1972. 3. 17. 서울특별시[등기상 명의는 경성부(京城府)]로부터 서울 용산구 D 대 11.9㎡(원래 서울 용산구 D 대 3평 6홉이었는데, 1999. 10. 25. 11.9㎡로 면적단위 환산이 이루어졌다. 이하 ’이 사건 원고들 토지‘라 한다)를 매수하여 같은 해

4.3. After completing the registration of ownership transfer, Nonparty F, the wife of the deceased, inherited the above land on August 1, 1994 by agreement and division of inherited property.

Since then, on April 11, 2016, F donated 1/2 equity interest in each of the above land to Plaintiff A and Plaintiff B, an son, who was son, as of April 11, 2016, and completed the registration of ownership transfer as of April 12, 2016 by the Yongsan District Court No. 9976.

B. The Defendant newly constructed a 3-story building (hereinafter “instant building”) with a 72.7 square meters in Yongsan-gu Seoul Metropolitan Government and H large 36.4 square meters (hereinafter collectively referred to as “instant land”; hereinafter the same shall apply) on the ground, which is linked to the land of the Plaintiffs, on the ground, the building of this case was newly constructed on September 15, 1959, with a 76.36 square meters in the building area and a 229.08 square meters in the total floor area (hereinafter “instant building”). The instant building was newly constructed on September 15, 1959 in the house register (No. 6) with respect to the instant building, and the short-term 4292 clerk constitutes a 1959 square meters.

Therefore, all entries that the building of this case was approved on September 15, 1957 in the building ledger (Evidence No. 5) and the building management ledger (Evidence No. 5) on the building of this case are written in writing.

The use approval was obtained, and the registration of ownership preservation was completed on December 16, 1965 with respect to the above building by the Yongsan-gu Seoul Western Branch, the Yongsan-do Office of Seoul, which was received on December 16, 1965. The above building extended not only to the Defendant’s land but also to the land of this case, which was connected in order to each point of the attached drawing Nos. 3, 4, 5, 6, and 3 among the plaintiffs’ land.