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(영문) 인천지방법원부천지원 2015.09.10 2014가단20624

소유권이전등기

Text

1. The Plaintiff (Counterclaim Defendant) indicated in the attached Form 6, 7, 19, among the land for factory in Kimpo-si, 1,751 square meters to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 1, 1990, the network E completed the registration of ownership transfer with respect to F 2,646 square meters of land for a factory in Kimpo-si, Kimpo-si (hereinafter “the Plaintiff’s land”). On February 29, 1992, the network E newly constructed a new 316.80 square meters of a single floor of the steel framed roof and the steel framed roof, and 86 square meters of a lighting tank sloping roof office (hereinafter “Plaintiff’s building”), and completed the registration of ownership preservation, respectively. < Amended by Act No. 4320, Feb. 29, 1992>

B. On August 20, 2008, the Plaintiff completed the registration of ownership transfer on October 13, 2008 on the grounds of inheritance by division of consultation with respect to the above land and building.

C. On February 6, 2007, the Defendant completed each registration of ownership transfer on the land owned by the Defendant, and on December 7, 2010 on the land owned by the Defendant 2.

Of each land owned by the Defendant, a stable is installed in the line that connects each point of the attached Form 10, 15, 13, 16, 17, and 4, among the land owned by the Defendant.

E. Of the land owned by the Defendant, the Plaintiff owned the part on the ground 4 square meters of the portion in the “three-dimensional” column (hereinafter “the part in the Plaintiff’s possession”), which was connected in sequence with each point of indication 6, 7, 19, 18, and 6 of the attached drawing among the land owned by the Defendant, and occupied the said part by owning the said part

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 7 (including each number; hereinafter the same shall apply) and images, the result of the verification by this court, the result of the appraiser G's survey and appraisal, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion that the Plaintiff: (a) constructed a new building owned by the Plaintiff on February 29, 1992 and completed registration of preservation of ownership; (b) owned a forest of H 2,975 square meters adjacent to each land owned by the Defendant at the time, and possessed the said part with the knowledge that the part of the instant dispute was included in the Plaintiff’s land; and (c) succeeded to the Plaintiff’s possession due to the death of the network E until now.