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(영문) 대전고등법원 2018.01.30 2017나12286

소유권이전등기

Text

1. Of the judgment of the court of first instance, the part on the principal lawsuit shall be revoked, and all the claims of the plaintiffs and the plaintiff (Counterclaim defendant) shall be filed.

Reasons

1. Facts of recognition;

A. G around 1978, the ownership and possession relation with each of the instant real estate, etc. before the instant sales contract was entered into, G is a State-owned river site located in the instant land and its neighboring thereto, Seo-gu, Daejeon, Seo-gu, Daejeon, 9,138 square meters and H river 886 square meters (hereinafter referred to as “the instant river site”).

2) On the ground, each of the instant buildings refers to the maintenance of factories, warehouses, fat manufacturing facilities (hereinafter referred to as “each of the instant buildings”) including the instant buildings, and the part of the buildings excluding the instant buildings is referred to as “the instant adjacent buildings.”

The building of this case was constructed. Each of the buildings of this case is connected to each other, while the whole building of this case is located on the ground of this case, most of the adjoining buildings of this case are located on the ground of the adjoining land of this case, but part of the building of this case is located on the land of this case. However, G extended over the land of this case (the land of this case and the building of this case) and the adjoining building of this case, and leased it to P as a broker of O around October 1987.

Since then, P had engaged in the manufacturing of vegetable oil in the name of another person, from June 1999, P engaged in the manufacturing of vegetable oil in the name of L Co., Ltd. (hereinafter “L”).

3) Meanwhile, on September 18, 1990, the Defendant purchased each of the instant real estate and the instant adjacent buildings from G by means of the O’s brokerage, and completed the registration of ownership transfer concerning each of the instant real estate (the instant adjacent buildings do not have the registration of ownership transfer as they were unregistered). (B) The Defendant still acquired the ownership of each of the instant real estate and still acquired L (actual P; hereinafter, the Defendant’s explanation as the subject of L according to the external name) under his possession on April 15, 2005.