beta
(영문) 서울중앙지방법원 2014.11.12 2013나60929

소유권이전등기절차이행

Text

1. Of the part against the principal lawsuit in the judgment of the first instance, the part against the Defendant (Counterclaim Plaintiff) shall be revoked.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff’s property to maintain I, the incorporated foundation, the telegraphic body of the Plaintiff, owned the legal party and the building on the ground owned by Seongbuk-gu Seoul Metropolitan Government J-gu (hereinafter “J land”) and KK owned by the State (hereinafter “K land”).

B. Defendant C filed a lawsuit for the removal of building and delivery of land by Seoul Civil District Court 69Do7451 against the I’s property, etc. as the foundation, and won a favorable judgment on February 9, 1970, and the building on the ground of J’s land was removed in accordance with the above judgment.

Defendant C installed a wire-light network on the boundary line of J land and K land.

C. As the present representative of the Plaintiff, H, which was conducted by the above legal party, purchased J land from Defendant C along with M and N on February 9, 1983.

Accordingly, Defendant C removed steel nets located on the boundary line of J land and K land, and constructed cement fences according to the line connected in sequence to each point of 12, 17, 18, and 6, attached Table 12, 17, 18, and 6 on the land of 552 square meters and F 241 square meters adjacent to the other side of J land.

H, M, and N donated the said J land to the Plaintiff on September 17, 1990, and completed the registration of ownership transfer in the name of the Plaintiff on the 21st day of the same month.

Without any particular objection from Defendant C’s side, the Plaintiff used all of the instant instant real estate adjacent to the said J land and the J land as a temple site, and newly constructed a chilling a part of the instant part of the instant land (attached appraisal Nos. 1, 7, 8, 9, and 1 successively connected each point of the said part of the instant land) on around 191. On September 15, 2005, the Plaintiff newly constructed a three-story temple building on the J land with a construction permit granted on September 15, 2005, and constructed a cement fence on both the instant real estate located inside the J land and cement fence and packaged it into cement.

The plaintiff has used it as a temple site until the closing date of pleadings.

E. Meanwhile, on November 2, 2006, Defendant C is about the E-mail 552 square meters prior to the said division.