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(영문) 제주지방법원 2016.09.09 2015가단10171
소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant) indicated the attached Form No. 2, A, B, C, and D among the land size of 687 square meters in Jeju-si Co., Ltd. to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 16, 1978, the Plaintiff purchased all of the buildings located on the land in Jeju-si E (hereinafter “E”) with F 298 square meters (hereinafter “Plaintiff’s land”) from Jeju-si (hereinafter “E”), and occupied the Plaintiff’s land from that time to that time.

B. As to the Plaintiff’s land on December 6, 1980, the Plaintiff completed the registration of initial ownership in the name of each Plaintiff on March 9, 1983 under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate in force at each time.

C. G, the Defendant’s father, was deceased on March 10, 1985, on the part of the Plaintiff’s land, and owned C, 687 square meters (H large 33 square meters on December 2, 2013, which were attached to the Plaintiff’s land, and became the current area. Before that, the Defendant’s father was 654 square meters; hereinafter “Defendant’s land”).

As G children, the Defendant solely inherited the Defendant’s land, and completed the registration of ownership transfer in the name of the Defendant on May 31, 1995.

From the time when the Plaintiff purchased the Plaintiff’s land, the Plaintiff occupied “B” portion of 187 square meters in one site connected to each point of the Plaintiff’s entire land and the Defendant’s land in sequence of the annexed drawing No. 1, 2, 3, 13, 14, 15, 16, 17, 11, 12, and 1 of the annexed drawing No. 1 among the entire land and the Defendant’s land, and owned “B” portion of the “B” portion of the land in the same site, which connects each point of the annexed drawing No. 2 A, B, c, and d, and 60 square meters in a block structure, e, f, g, h, i, j, j, k, l, and e, each of the “B” portion of the “B” portion of the block set forth in the same drawing No. 14 square meters, 14 square meters in the same drawing, n, 3 square meters in each of the roof and block.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6 (including each number; hereinafter the same shall apply), the appraisal by this court, the result of the entrustment of appraisal, and the purport of the whole pleadings.

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