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(영문) 서울중앙지방법원 2016.08.10 2016가단5089550

소유권이전등기

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1. The defendant shall keep in order each point of the attached Form 15, 16, 20, 17, and 15 among the land size of 49m2 in Seoul Special Metropolitan City, Gwanak-gu.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a building with a lot of 219 square meters and its ground in Gwanak-gu, Seoul Special Metropolitan City, and the Defendant is the owner of a building with a lot of 4,949 square meters adjacent to Seoul Special Metropolitan City.

B. Among the above buildings owned by the Plaintiff, a single-story warehouse with the part on the ground of 3 square meters on board connected each point of 11 square meters, which connects each point of 15, 16, 20, 17, 17, 20, 21, 22, and 6 of the drawings, such as a single-story store with the part on the ground that causes damage to the ship, among the above buildings owned by the Plaintiff (hereinafter referred to as “the building of this case, which combines a building of 3 square meters on the ground part on the ship, caused the damage to the ship’s land.

C. On July 31, 2006, the Defendant filed a lawsuit against the Plaintiff on July 31, 2006 against the Seoul Central District Court Decision 2006Da290172 against the Plaintiff seeking the removal of the instant building and the delivery of its part.

On November 17, 2003, the court rendered a ruling dismissing the defendant's claim on the ground that the prescription period for acquiring the plaintiff's possession on the part of the site of the building of this case has expired, and it became final and conclusive as is.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including virtual number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to implement the registration procedure for ownership transfer on November 17, 2003 with respect to the part of the site of the building of this case to the plaintiff, barring special circumstances.

3. The plaintiff's claim for conclusion is justified and acceptable.