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(영문) 서울중앙지방법원 2017.02.08 2016가단5039982
소유권이전등기
Text

1. The defendant shall give order to the plaintiff each point of indication 1, 2, 7, 6, and 1 of the annexed drawings among the 496㎡ in Gangnam-gu Seoul Metropolitan Government.

Reasons

1. In around 1983, Hyundai Construction Co., Ltd. (hereinafter “former Construction”) conducted a project to newly construct and sell a detached house after acquiring ownership of the land located in Gangnam-gu Seoul Metropolitan Government D (hereinafter “Plaintiff’s land”) and the land listed in Paragraph 1 of its adjacent order (hereinafter “Defendant’s land”) and the land located in its adjacent order (hereinafter “Defendant’s land”).

Modern Construction completed the approval of use on December 19, 1984 after completion of the house on the ground of the plaintiff's land, and occupied it after completion of the registration of preservation of ownership on February 18, 1985.

Then, the ownership of the Plaintiff’s land and its ground housing was transferred to E on November 21, 198, to F, G on September 5, 1997, to F, and G on September 21, 2007, to F, and G on September 21, 2007, to F, Inc., Ltd., to F, Ltd., F, Ltd., and to the Plaintiff on October 7, 201, respectively, and accordingly, the possession of the Plaintiff’s land was succeeded.

The defendant, around April 10, 1984, purchased the defendant's land and its ground house from Hyundai Construction, and completed each registration of ownership transfer on December 27, 199, and thereafter thereafter, he occupies the defendant's land and its ground house from around that time.

However, since the construction of each of the above houses, fences between the Plaintiff’s land and the Defendant’s land were invaded by the Defendant’s land.

Accordingly, from the time when the Plaintiff and its former owners began possession and possession of the Plaintiff’s land to the present day, on the basis of the center line of fenced walls, the part indicated in paragraph (1) (b) of this Article among the Defendant’s land (hereinafter “the part in dispute among the Defendant’s land”) occupies 26.4 square meters from the next day.

[Ground of recognition] A without dispute, each entry or video of Gap evidence 1 through 10 (including a branch number), and the purport of this court's request for appraisal by the court on December 8, 2016, as a result of the commission of appraisal by the court on December 8, 2016

2. The possessor is presumed to have occupied in good faith, peace and public performance by his own will (Article 197(1) of the Civil Code), and in commencing possession by purchasing or acquiring land.

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