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(영문) 춘천지방법원강릉지원 2019.03.13 2018가단33172

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s land in Gangnam-si was owned by D, which is the father of the Plaintiff. On September 20, 198, the said land was divided into 2,504 square meters (hereinafter “instant land”) and 432 square meters (hereinafter “E”) in Gangnam-si, Gangnam-si, and the land was registered for transfer of ownership in the Plaintiff’s name on the ground of donation on February 17, 1998, and on the instant land, the ownership transfer registration was completed on January 27, 200 by winning a contract on January 27, 200.

B. From 1940 to 1940, there were 58.04 square meters on the land of E, the remaining area of the building is 11.94 square meters in the existing building due to the removal and extension of a part of the existing building on December 16, 1988 after purchasing with the above land around January 28, 1981, and the existing building area is 11.94 square meters in the building site and the building area is 49.5 square meters in the building site of the 1st floor, the brick structure of the 1st floor and the 49.5 square meters in the 195.

(hereinafter “instant building”). D, around February 17, 1998, donated the instant building to the Plaintiff along with E’s land and transferred the right to dispose of it.

C. Of the instant building, some of the buildings of this case, warehouses, toilets, trees, and ma, the attached drawings indicating 1, 2, 3, 4, 5, 6, 7, 8, 9, 140 square meters inboard connecting each point of the instant land owned by the Defendant, among the instant land owned by the Defendant (hereinafter “instant dispute land”).

[Reasons for Recognition] A.I.D. without dispute, obvious facts of business operation in this court, entry of Gap 1 through 3, 5, Eul 1, result of on-site verification by this court, the purport of the whole pleadings

2. The plaintiff's assertion

A. D, around December 16, 198, partially reconstructed the previous house on the land, newly constructed a fence, warehouse, or toilet (ssaw box) and replaced the fence which was in the previous form of a spawned door with the current block fence. During that process, D, in the process, was newly built by the aforementioned fence, warehouse, toilet (ssaw box), water trees, and ma, in response to the instant dispute land. D, the former owner, is the former owner.