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(영문) 대구지방법원 2015.10.29 2014가단41398

소유권이전등기

Text

1. The Defendant, among the land size of 79 square meters in Daegu Jung-gu Seoul Metropolitan Government, has each point indicated in the attached Form 8, 11, 4, 5, 6, 7, and 8.

Reasons

1. Facts of recognition;

A. D around 1959, throughout the Daegu Jung-gu E, F, G, and C, the attached appraisal was newly constructed and completed the registration of preservation of ownership on the part of the “A” (hereinafter “the instant building”). The instant building was registered as located on the land of Jung-gu owned by D in the public register, Daegu-gu E, Daegu-gu.

B. At the time of the construction of the instant building, H’s land to the west of the Daegu Jung-gu E site, I’s land to that west, and the J’s land to that west was successively located for each of the said land. On the wind where the adjoining land was installed in order by a 2-3m width of each of the said land, approximately 33.475m2 of the said E’s surface was used as the site for the instant H-based building without permission. D, without knowledge of such circumstances, did not build a fenced by 9m2 in proportion to each of the said parts of 8,11,4,6, and8m2 (hereinafter “instant land”), which connects each of the said parts of the said H-gu E’s land to the west-gu E site, and constructed a fence by putting each of the said land to the 39m width of each of the said land.

(The sum of the above E and F sites, the instant land, and the said G sites is referred to as the “instant building site”). The sum of the area on the public register of E and F sites owned by D is 176 square meters.

C. After that, on November 19, 1966 with respect to the instant building and the instant building, E, and F site, M on December 21, 197, and on February 24, 1988, the procedure for the registration of ownership transfer for each purchase was completed, and the possession of the instant land was succeeded in sequence.

The Plaintiff: (a) held title trust with the instant building and the instant building and the instant building and the instant building and the instant E and F land to N, the husband of Chok for the registration of ownership transfer on September 24, 1998; (b) terminated the title trust again on July 5, 2007, and completed the registration of ownership transfer based on sale in the Plaintiff’s future; (c) during the period of title trust, the Plaintiff continued to occupy the instant land.

The defendant's land in Jung-gu, Daegu on November 9, 1977 (hereinafter referred to as "the defendant's land").