(영문) 수원지방법원여주지원 2020.06.18 2019가단56239

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(영문) 수원지방법원여주지원 2020.06.18 2019가단56239

토지인도

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The plaintiff's claim is dismissed.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is against the Plaintiff-Counterclaim Intervenor D.

Reasons

1. Facts of recognition;

A. On February 15, 197, E, his father, completed the registration of ownership transfer on the instant land No. 1. On April 1, 2016, the Plaintiff completed the registration of ownership transfer for reasons of sale on February 29, 2016. The Plaintiff’s successor to land No. 1, who was the Plaintiff’s spouse, completed the registration of ownership transfer for reasons of donation on September 23, 2019.

B. The registration of ownership transfer was completed on February 15, 197 with respect to the land No. 2 (hereinafter “the instant land”). On December 10, 2003, the registration of ownership transfer was completed under the name of H, etc. (hereinafter “H, etc.”) who is his heir. On February 20, 207, the Plaintiff completed the registration of ownership transfer on the land No. 2 of this case and the land No. 284 square meters prior to I of Gyeonggi-gun, Gyeonggi-gun, 284 square meters adjacent thereto on January 31, 2007.

C. On the land No. 2 of this case, 31.5 square meters (house; hereinafter “the instant house”) on each floor of wood straw roof 31.5 square meters were constructed, and registered on the building ledger on July 6, 1979.

As to the instant housing, registration of preservation of ownership was completed in the name of H, etc. on February 20, 2007.

The defendant completed the registration of ownership transfer on February 20, 207 with respect to the above housing on January 31, 2007.

The instant housing was altered due to the extension, and the area, etc. of the instant housing was altered, and a considerable of 49.5 square meters of the instant housing located in the wall section 2(b) of the attached Table 2 of the said housing, and the area of the instant housing, which is located in the wall section 49.5 square meters (hereinafter “the instant housing part”), was invaded by the boundary of the instant land. The part of the attached Table 1(a) of the attached Table 1 of the said land, which is part of the instant land, is used as the site for the instant part of the housing.

【Evidence: Evidence No. 1 to 14, Evidence No. 2, and Evidence No. 6

2. Judgment on the plaintiff's claim

A. The Plaintiff is the Plaintiff.

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