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(영문) 의정부지방법원고양지원 2014.06.25 2013가단518
소유권이전등기
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the main claim are all dismissed.

2...

Reasons

Basic Facts

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

(1) On September 10, 1950, the transfer registration of ownership was completed on October 3, 1945 in the school juristic person D (hereinafter “foreign juristic person”), (2) on March 26, 1962, the Defendant’s father E on November 5, 1961, and (3) on August 9, 1989, on August 1, 1989, the transfer registration of ownership was completed on June 1, 1983.

On the ground of this case, 26 square meters in storage (hereinafter referred to as the “instant building”) are constructed in order to connect each point of 1, 2, 3, 4, and 1 each point of 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 5 of the same drawings, and 6, 7, 8, 9, 10, 10, 12, 14, and 5 of the same drawings, which are linked each point of 1, 2, 3, 4, and 1 of the attached drawings.

On May 10, 1988, the Plaintiff completed the registration of initial ownership of the instant building.

The Plaintiff is occupying and using the entire land of the instant building as the site for the instant building.

【Ground of recognition” without any dispute, Gap evidence 1-2, Gap evidence 8, 11-2, Eul evidence 1-1, Eul evidence 1-3, the result of the on-site verification by this court, the result of the appraiser F's survey and appraisal, the purport of the whole pleadings.

The defendant of the plaintiff's assertion as to the cause of the principal claim is obligated to implement the registration procedure for transfer of ownership to the land of this case for the following reasons.

The registration of ownership transfer was completed on November 5, 1961 with respect to the land of this case, which is the primary cause of claim, on the ground of the completion of repayment on November 5, 1961 by the defendant's father E, but the disposition of farmland distribution for the land of this case, which was not actually used for cultivation at the time of the enforcement

Therefore, the land in this case remains as owned by the non-party corporation.

However, around December 23, 1986, the plaintiff was delegated to sell from E, the owner of the non-party corporation in the form of the non-party corporation.

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