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(영문) 서울동부지방법원 2019.06.14 2017가단120623
소유권이전등기
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the separate sheet No. 1, No. 2, No. 6, No. 13 among the lands listed in the separate sheet No. 1 from the Plaintiff-Counterclaim Defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On the ground of Gangdong-gu Seoul Metropolitan Government Metropolitan Government 172 square meters (hereinafter “Before replotting”), the buildings listed in the attached Table 2 (A), and the buildings listed in the attached Table 3 (hereinafter “instant 1 building” in the attached Form 4) (hereinafter “instant 2 building” in the attached Form 4) were constructed close to the attached Form 4 and were in a state of not being registered. However, around December 20, 1974, the Defendant purchased the instant 2 building and its site from D and completed the registration of ownership transfer as to the entire land before replotting.

B. On July 4, 1980, E purchased the instant building and its site from F, and received a share transfer registration with respect to 20/52 shares of the land before replotting from the Defendant, who had been a registered titleholder of the entire land before replotting.

C. Since then on March 19, 1981, a replotting disposition was taken with regard to the land before replotting, due to the division rearrangement, and the area was reduced to 145.6 square meters in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant land”) due to the change in the lot number and size, the land before replotting became final and conclusive.

E, while residing in the building of this case on May 6, 1983, E had completed a completion inspection by specifying the site area as 70.28 square meters with respect to the building of this case, which had not been registered on May 6, 1983 while residing in the building of this case. On May 11, 1983, registration of ownership preservation was completed as Seoul Eastern District Court’s receipt of registration No. 71861.

E. After September 20, 1984, E sold the instant building and its site to the Plaintiff, a Dong resident of the Defendant. Accordingly, the Plaintiff completed the registration of ownership transfer for the entire E shares out of the instant building and the instant land.

F. As of the date of the closing of argument of this case, the plaintiff is living in the building of this case, and the defendant is living in the building of this case 2.

The building 1 and 2 buildings of this case are structures having access through independent gates, and they are female lines between the outer walls and outer walls of each building.

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