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(영문) 인천지방법원 2018.11.21 2017가단31448

소유권이전

Text

1. Of the 89 square meters of land before Incheon Strengthening-gun E, the Defendant indicated in the attached sheet No. 10, 12, 2, 16, 3, 11, 8, 9, and 10 respectively.

Reasons

1. Facts of recognition;

A. From around February 1981, the Plaintiff owned a large of 119 square meters (hereinafter “the Plaintiff’s land in this case”) in FF of the Reinforcement-gun to the present time, and as to the neighboring Incheon E-gun E (hereinafter “instant Defendant’s land”), G completed the registration of ownership transfer on February 2, 1990, and thereafter, the Defendant is its owner.

- Table - The Defendant on February 2, 1990, on September 24, 2008, G on September 24, 2008, H on March 17, 2016, J (1/2 equity) 4 March 20, 2017

B. On February 3, 1989, the Plaintiff newly constructed a house on the ground of the Plaintiff’s land and completed the registration of ownership preservation on the house on February 3, 1989. A building was partially built on the Defendant’s land.

C. Accordingly, there was a dispute between the Plaintiff and G at the time of the Plaintiff. On May 19, 1997, the Plaintiff decided to purchase from G the Defendant’s land the purchase price of KRW 5 square 9,000,000, including the part over the principal offense of the Plaintiff’s building among the Defendant’s land, and paid the purchase price to G up to May 29, 1997.

On June 6, 2018, the Plaintiff continuously occupied the Plaintiff’s land and its ground buildings and sold the Plaintiff’s land and its ground buildings to the Plaintiff’s successor. On July 9, 2018, the number of the Plaintiff’s successors completed the registration of ownership transfer as to each of the instant Plaintiff’s 1/2 shares among the instant Plaintiff’s buildings. The part of the Plaintiff’s building, which infringed on the Defendant’s land, is 16 square meters in sequence with each of the items indicated in attached Table 10, 12, 12, 12, 2, 16, 3, 11, 8, 9, and 10.

(hereinafter referred to as “the part of the instant offence”). 【No dispute exists, entry of Gap’s evidence Nos. 1 through 3, the result of the commission of cadastral surveying appraisal to the Korea Land Information Corporation, the purport of the entire pleadings.

2. According to the allegations and the above facts of recognition, the plaintiff raised objection from G around May 19, 1997.