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(영문) 광주지방법원 2019.09.25 2019가단505475
소유권확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants purchased, from D on April 9, 2018, KRW 4.50 square meters for cement block structure, cement block structure, 29.98 square meters on the land of Gwangju Mine-gu and its ground, and cement block structure, 30 square meters for cement block structure, 4.50 square meters for 29.98 square meters and for each of the instant buildings (hereinafter “E land and the instant building”) at KRW 146 million and completed the registration of ownership transfer on April 30, 2018, with 1/2 shares of each of the above land and buildings.

B. On October 15, 2018, the Plaintiff: (a) purchased KRW 24.4 square meters (hereinafter “G land”) in G G G G G G G G G G G G G G G G G G 24.4 square meters (hereinafter “G land”) in the Gwangju mine, which takes place with the E land boundary from the F represented by the parent-child D on his/her behalf on the basis of a special agreement; and (b) determined that an unauthorized building belongs to a sales contract on November 8, 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff, as a result of the extension of a series of buildings in this case, sold to the Plaintiff, other than the Defendants, separate from the building in this case, D sells any paper building, which is separate from the building in this case, by asserting that the Plaintiff acquired the right to use and benefit from the above unauthorized building in accordance with its intent, and that the Plaintiff acquired the right to use and benefit from the above unauthorized building in accordance with the purport of the claim against the Defendants, by asserting that the Plaintiff acquired the right to use and benefit from the above unauthorized building in accordance with the purport of the claim.

B. We examine the building volume, 1. As to the fact that the above unauthorized building is an independent building separate from the above building, not a part of the building of this case, Gap evidence Nos. 5 and 10 (including paper numbers).

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