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(영문) 의정부지방법원 2019.12.10 2019나203324

소유권이전등기

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1. An appeal by the Plaintiff (Counterclaim Defendant) and the selective principal claim added by the Plaintiff (Counterclaim Defendant) at the trial.

Reasons

1. Facts of recognition;

A. The following registration was completed with respect to E forest land E/ 261 square meters (hereinafter “Plaintiff’s land”) in Pakistan-si.

(1) Registration of ownership transfer under the name of D on February 28, 1996 (2) on October 4, 1996 (3) ownership transfer due to sale as of September 20, 1996 under the name of F on September 4, 2015 (4/5 shares), Plaintiff (hereinafter “G”); Plaintiff (1/5 shares) on March 4, 2015, under the name of G, an incorporated foundation (hereinafter “G”; 1/5 shares), the Plaintiff was in office as the president; and Plaintiff’s ownership transfer due to sale as of February 13, 2015 (4) on May 24, 2017, under the Plaintiff’s name of H on March 31, 2017.

B. The following registration, etc. was completed with respect to C forest land 4,066 square meters at the time of the subdivision prior to the subdivision:

(1) Registration of ownership transfer (2) of I on April 21, 1998 under the name of the defendant on April 20, 1998 (3) of ownership transfer due to the sale on March 20, 1998 under the name of J on May 4, 1998 (the transfer of shares 1185/4066) (the transfer of shares from I) of ownership transfer due to the sale on March 20, 1998 under the name of J on May 4, 1998 (the transfer of shares 281/4066 from I)

C. On June 2, 2001, the Defendant and J divided the above C Forest No. 4,066 square meters into C Forest No. 1,185 square meters (hereinafter “Defendant’s land”) and K Forest No. 2,881 square meters (hereinafter “Defendant’s land”). On the same day, the Defendant became the sole owner of the Defendant’s land by wholly transferring his/her share to the Defendant’s land from J on the same day.

Plaintiff

Land and the defendant's land are immediately adjacent.

Attached Form

On the land connected with each point of 17, 18, 19, 20, 20, 21, 22, 23, 24, and 17, the part of the building located on the ground of 3 square meters in the part of “A” (hereinafter referred to as “the part of the building in this case”) located on the part of the Defendant’s land, which connects each point of 17, 18, 23, 24, and 17, among the Plaintiff’s housing, each part of the building in this case, which is located on the land owned by the Plaintiff, is located on the ground of the Defendant’s land.

Of the Defendant’s land, the part of “bb” in the ship connected in sequence 6, 7, 9, 18, 17, 24, 23, 15, 16, and 6 of the annexed drawings does not exceed 206 square meters.