소유권이전등기
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 2, 3, 6, 7, 25, and Eul evidence Nos. 2 through 5 (including the serial numbers).
G on July 6, 1955, G completed the registration of ownership transfer made on June 18, 1955 with respect to the land of 235 square meters prior to Seongbuk-gu Seoul (hereinafter “instant land”).
B. On March 2, 1964, Republic of Korea completed registration of preservation of ownership on the river E of Seongbuk-gu Seoul, Seongbuk-gu (hereinafter “the river part of this case”).
C. D, without obtaining permission around June 1968, newly constructed three lots, including the instant land, the instant river part, and the Seoul Seongbuk-gu Seoul F forest and forest land 4,562 square meters (hereinafter “instant unauthorized building”). D, without obtaining permission, 22 square meters (hereinafter “instant unauthorized building”).
D The Plaintiff, the grandchildren of D, purchased the instant unauthorized building from D around 1998, and owns it until now.
E.D died on July 21, 2004.
F. On November 18, 2011, the Defendant completed the registration of ownership transfer based on inheritance due to a consultation and division as of June 7, 1999 with respect to the instant land.
G. The Seongbuk-gu Seoul Special Metropolitan City F forest and 4,562 square meters was owned by multiple co-owners prior to the construction of the instant unauthorized building. However, the Plaintiff completed the registration of transfer on the ground of the completion of the acquisition by prescription on July 1, 1988 as to the part of co-owners’ share 9.78/4,562 on November 8, 2016.
H. Of the instant land owned by the Defendant, the part of which the instant unauthorized building occupies as the site is 43 square meters in the ship connected in sequence with each point of the items indicated in the separate sheet No. 2, D, F, G, H, and B (hereinafter “instant site”).
2. Summary of the parties' arguments
A. The Plaintiff’s net D is from the net G.