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(영문) 인천지방법원부천지원 2017.09.27 2017가단100637
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of FJ 254.3 square meters (hereinafter the Plaintiff’s land), and the Defendant is the owner of BJ 431 square meters (hereinafter the Defendant’s land) adjacent to the Plaintiff’s land.

B. G of the Plaintiff’s land ownership change process 1) G of April 2, 1991, after acquiring the ownership of the Plaintiff’s land on April 2, 1991, and on July 26, 1994, the Plaintiff’s ground-based first-class and fifth-class accommodation facilities (hereinafter the Plaintiff’s building

A) A new construction was conducted by H on March 18, 1998 due to the death of G, and H completed the registration of ownership transfer for the Plaintiff’s land and building due to inheritance. 2) On January 31, 200, H completed the registration of ownership transfer for the Plaintiff’s land and building due to sale from H on January 31, 200. The Plaintiffs completed the registration of ownership transfer for each of 1/3 shares on August 25, 201 for the Plaintiff’s land and building due to voluntary auction.

C. On the other hand, on the other hand, the Defendant’s land was combined with the land of 148.3 square meters in the Nowon-gu Seoul Special Metropolitan City, Seocheon-si, Seoul Special Metropolitan City, on July 6, 2010, E-gi 282.7 square meters, and became the current E-gi 431 square meters.

1) The J acquires the ownership of the Defendant’s land on May 28, 1997, and thereafter on December 30, 1997, and thereafter on December 30, 1997, the Defendant’s 1st and 5th above ground (hereinafter referred to as the “Defendant’s building”).

(2) On December 8, 2011, the Defendant newly constructed a new construction, and on December 3, 1997, K and two other parties completed the registration of ownership transfer from J on the Defendant’s land and building due to sale. (2) The Defendant completed the registration of ownership transfer for the Defendant’s land and building due to sale from K and two other parties on June 8, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, each of the statements and the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The parties’ assertion 1) In the process of constructing the Plaintiff’s building on July 26, 1994 by G, who is the former owner of the Plaintiff’s land, the entire owner of the Plaintiff’s land, the Plaintiff’s land was connected in sequence with each of the points indicated in the separate sheet Nos. 7, 4, 5, 8, and 7 among the Defendant’s land in the instant case, the part “b

(b).

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