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(영문) 대구지방법원 김천지원 2017.04.26 2016가단3047

토지소유권이전등기

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1. The Defendant indicated in the attached Form 24, 25, 3, 4, 5, 6, 20, 21, 22 of the Plaintiff’s religious site No. 1,223 square meters in Kimcheon-si, Kimcheon-si.

Reasons

1. Basic facts

A. On May 11, 1993, the Plaintiff received the registration of ownership transfer with respect to D large scale 495 square meters (hereinafter “Plaintiff-owned land”) from Kimcheon-si, Kimcheon-si, and the registration of ownership transfer with respect to C religious site 1,223 square meters (hereinafter “Defendant-owned land”) on July 31, 2006.

B. On December 27, 1995, the Plaintiff completed the registration of initial ownership relating to cement bricks, bricks, sloping roof, 97.11 square meters of land owned by the Plaintiff (hereinafter “Plaintiff-owned building”).

C. On March 11, 2010, the Plaintiff entered into a gift agreement on the land owned by the Defendant (hereinafter “instant gift agreement”) with the Defendant to provide it as a church site, and completed the registration of ownership transfer on March 17, 2010.

The defendant newly constructed a church building on the land owned by the defendant.

Of the land owned by the Defendant, the part (B) of the attached Table 24, 25, 3, 4, 5, 6, 20, 21, 22, 23, and 24, among the land owned by the Defendant, is used as the site for the building owned by the Plaintiff.

(E) The Defendant asserts that only 46m2 measured based on the end of the women’s end of the Plaintiff-owned building constitutes the site of the Plaintiff-owned building. However, in light of the following circumstances revealed as a result of the on-site inspection by this Court, the Plaintiff-owned building and the Defendant’s church building are divided into stone embankments, and the passage and water supply facilities necessary for the Plaintiff-owned building are located, the Defendant’s assertion cannot be accepted).

On April 10, 2015, the Defendant sent to the Plaintiff a content-certified mail to the effect that the Plaintiff’s building was invaded by the Defendant’s land owned by the Plaintiff, and that “the Plaintiff’s building owned is 87 square meters out of the land owned by the Defendant,” which led to a dispute over the boundary of the Plaintiff’s land and the Defendant’s land owned by the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1, and Eul.