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(영문) 대구지방법원의성지원 2015.09.02 2014가단2923
토지명도 등
Text

1. The Defendant shall in turn order the Plaintiff’s respective points indicated in the attached Form No. 5, 6, 10, 11, and 5 among the 188 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. D and E purchased 1/2 shares of the instant land from F on December 31, 1984; however, in order to divide the instant land into the boundary of a line with a height of about 50cc (which is the line connecting each point of about 50cm in the attached Form 5, 6, 7, 8, 9, 10, and 11, and connects each point of (b) part of (c) and (c) of D and north part [2, 3, 4, 5, 11, 12, and 11] of the remaining part of the instant land by dividing it into the boundary (which is the line connecting each point of about 50cm in the attached Form 5, 11, 6, 7, 8, 9, 10, and 11], they intend to occupy and use each part of D and north part (1, 3, 4, 5, 11, 12, and 11.

However, due to mistake in the process of registration, E’s transfer of ownership regarding the entire land of this case was completed, and the Defendant purchased only 1/2 of the instant land from E on March 11, 1992, but completed the registration of ownership transfer concerning the entire land of this case.

B. Meanwhile, at the Defendant’s request, the Plaintiff used the part of the instant dispute that was occupied and used by the Defendant without compensation.

(hereinafter referred to as “instant loan of use”). C.

D on May 24, 1995, the Plaintiff, who was a model, donated the entire share of the instant land to the Plaintiff.

On December 28, 2011, the Plaintiff sent to the Defendant a content-certified mail demanding the return of the land in the dispute of this case to the original state until March 31, 2012, and the above content-certified mail reached the Defendant around that time. However, the Defendant did not respond to the Plaintiff’s request by asserting that the entire land in the dispute of this case, including the land in this case, is owned by the Defendant.

E. Accordingly, on January 31, 2012, the Plaintiff filed a lawsuit against the Defendant for the performance of the procedure for ownership transfer registration completed in the name of the Defendant with respect to the one-half share of the instant land (No. 2012 group 190). On October 31, 2012, the instant court purchased only one-half share of the instant land from F, but due to an error in the process of registration.

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