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(영문) 서울중앙지방법원 2016.07.20 2013가단5165330

소유권이전등기

Text

1. On board the attached appraisal map Nos. 9, 2, 3, 4, 11, 10, and 9 are linked to the attached sheet Nos. 9, 2, 3, 4, 11, 10 and 9.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Nonparty E’s ownership of the relevant land and building 1) Nonparty E is the Jongno-gu Seoul Metropolitan Government F. 60.8 square meters and its ground wooden machine and roof 29.75 square meters (hereinafter “the Plaintiff’s land or building”).

(2) On December 30, 1987, E completed the registration of ownership transfer on the ground of sale on December 23, 1987, E completed the registration of ownership transfer on the Plaintiff’s land and building on the ground of sale on October 31, 1994, and on the ground of sale on August 31, 1994, Defendant B completed the registration of ownership transfer on the Plaintiff’s land and building on the ground of exchange on May 15, 1998, and around May 12, 1998, Defendant C completed the registration of ownership transfer on the ground of sale on November 5, 2013.

3) Defendant B’s exchange as of May 12, 1998 (hereinafter “Defendant B’s land”) completed the registration of ownership transfer from Defendant C, Jongno-gu Seoul Metropolitan Government D large 49.6 square meters (hereinafter “instant land”).

(B) On the ground, the main body of the wooden tank and the extract assessment building is owned by the building of 12 square meters. B. Of the instant Defendant’s land, the current status of the possession of the disputing land and the background of the dispute 1) The head of Jongno-gu attempted to detect the occurrence of the unauthorized side of cement brick structure (14.4 square meters) on the Plaintiff’s building, and marked the “illegal building caused by unauthorized Expansion” on or around December 9, 201, in the building ledger in 1991, but confirmed that the time of the occurrence of the unauthorized Expansion facility as a result of the aerial reading reading was after October 198.

2) Defendant C, through an exchange with Defendant B on May 12, 1998, acquired the Plaintiff’s land and the building that had a mashion in the Han-type Han-type. around 2010, the Defendant C repaired the space used as mast at the time to cover the roof so that it can be leased to the store, and leased the facility that has been illegally expanded through the strip to the steel store (G). Defendant C (3) filed a lawsuit for the removal of the building, etc. against H owner I adjoining the Plaintiff’s land, against the Seoul Central District Court 2010dan310998, and through a survey and appraisal on the boundary restoration and cadastral status on December 29, 2010, the Plaintiff’s land.