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(영문) 서울중앙지방법원 2017.11.30 2016가단5098004

소유권이전등기

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is Seoul.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The defendant acquired the ownership of the land of this case on July 22, 1977.

B. Around 1980, E Co., Ltd. (former F Co., Ltd.) (hereinafter “former F Co., Ltd.”) constructed a housing complex in the Seocho-gu Seoul Metropolitan Government GJ large 326 square meters (hereinafter “instant land”) and its surrounding area adjacent to the instant land. In the process, the instant land No. 2 was located in a zone higher than the instant land No. 1, and was installed with stone and concrete with rhhhythm on the ground of the ground boundary line.

C. On March 5, 1985, H acquired the ownership of the instant land and newly constructed a new house on December 20, 1985, and completed the registration of ownership preservation on December 20, 1985. During that process, H installed four reverse triangulation columns with concrete attached to the said axis, and made the upper part of the columns in concrete in a lux, and made the lux, and thereby, made the lux of the upper part of the said reverse triangulation pole [the part (b) of this case] 2.8 square meters in upper part of the said reverse triangulation pole [the part (b)] 0.4 square meters in lower part [the part 0.1 square meters in the lower part] 0.4 square meters in the lower part [the part 0.1 square meters in each of the “A”, “B”, “C”, and “D”] of the instant land 1.

Each part of the above bed shall be indicated by a drawing(2), (3), and (4) of the attached Form(2).

(B) The lower part of the lower part of the pole of the scopical pole is able to confirm that the lower part of the pole of the scopical pole is protruding out to the lower part of the embankment. (3)

Meanwhile, on October 14, 2015, the Plaintiffs acquired ownership of shares 1/2 of the instant land No. 2, and completed registration of preservation of ownership on January 24, 2017 by removing existing houses on the said ground and newly constructing new houses.

【Fact-finding, Gap’s evidence 1 through 5, Eul’s evidence 1 through 4, on-site inspection results, each appraisal result, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiffs asserted that H is the land of this case and the land of this case.