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(영문) 서울북부지방법원 2020.07.16 2019나37579
부당이득반환청구의 소
Text

1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) regarding a claim for monetary payment among the counterclaims shall be revoked, and such revocation shall be revoked.

Reasons

1. With respect to the principal lawsuit, the first instance court, which is the scope of the judgment of this court, dismissed only a part of the damages for delay among the claims for payment of money, and cited a part of the claim for payment of money in entirety, and dismissed the claim for ownership transfer registration and the remainder of the claim for payment in a counterclaim, and dismissed only the plaintiff's appeal against the plaintiff in the first instance judgment against the counterclaim (the defendant's appeal became final and conclusive on August 26, 2019 by the first instance court's rejection of the petition of appeal in the first instance court on August 26, 20

2. Facts of recognition;

A. On May 7, 1987, the Plaintiff and Telecommunications purchased each 1/2 equity share of the building with the 142m2m2 in Seoul Gangseo-gu I, J 19m2, K 9m2, K 93m2, L 20m20m2, and the 4m2m20m2 on the ground of the above 4m2, and completed the registration of ownership transfer with respect to each 1/2 of the above 1/2 shares on the same day.

B. The Defendant purchased a lot of 117.84 square meters on October 5, 1998 (hereinafter “Defendant’s land”) and a residential and neighboring residential facilities, and completed the registration of ownership transfer on November 7, 1998.

C. On November 18, 1983, the instant building was built by breaking the part of “A” on the part of “A” (hereinafter referred to as “A” indicating the appraisal map) connected in sequence of the attached Table 10, 2, 3, 4, 5, 6, 15, and 10 of the judgment of the court of first instance among the Defendant’s land, and the said part of the instant building was located inside the fence of the instant leisure building and used as a passage for the said leisure building until now.

Meanwhile, on the other hand, on November 18, 201, the registration of the ownership transfer for the portion of 1/2 portion among the instant inn building and its site was completed on September 9, 201, which was based on the sale and purchase as of September 9, 201. M is the acquisition by prescription as of 1/2 of the portion of “A” indicated in the appraisal map (1) among the Defendant’s land against the Defendant and T as of this court 2020Ga101826, and as against the Defendant, for the Defendant, the acquisition by prescription as of May 7, 2007.

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