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(영문) 서울북부지방법원 2018.12.20 2018가단102093
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the Seongbuk-gu Seoul Metropolitan Government D large 46 square meters adjacent to the Defendant’s land (hereinafter “Plaintiff’s land”), ① The network E was caused by sale on November 7, 1973, ② The E’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s trade on May 11, 190

B. Meanwhile, F newly constructed cement block structure cement structure and 53.92 square meters (hereinafter “instant building”) on the Plaintiff’s land on the ground, and completed the registration of ownership preservation on March 12, 1986, G completed each of the above buildings on May 11, 1990, and the Plaintiff completed the registration of ownership transfer on June 22, 2009.

C. H completed the registration of ownership transfer on the Defendant’s land on July 6, 1976, and newly constructed a single-story house and a neighborhood living facility building on the above land, and completed the registration of ownership transfer on June 18, 1985, and the Defendant completed each registration of ownership transfer on April 30, 2003 with respect to the above land and building.

Meanwhile, among the land owned by the Plaintiff, the Defendant, and the Republic of Korea adjacent to each of the above land from the time of its new construction, the building of this case was constructed on the part (A) of 73 square meters in sequence connected to each of the points of the following 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 20, 21, 22, 23, 23, and 7, among the land owned by the Plaintiff, the Defendant, and the Republic of Korea adjacent to each of the above land. However, the site of the part constructed on the Defendant’s land is the key land of this case, and G and the Plaintiff together occupy the above building from the

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including each number), the result of each request for surveying and appraisal to the Seoul Vice-Governor of the Korea Land Information Corporation, the purport of the entire pleadings

2. Determination on the defense prior to the merits

A. The Plaintiff’s amendment of the purport of the claim and its details.

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