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(영문) 의정부지방법원 2015.03.31 2014가단1027
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The building of this case was completed (approval for use) on November 30, 1990, with five floors of reinforced concrete structure slive roof, slive roof, and housing (hereinafter “instant building”) on the ground of Dong Government-si, E large 627 square meters (hereinafter “instant land”). The Plaintiff purchased the instant land and building on July 14, 1997 and completed the registration for transfer of ownership under the Plaintiff’s name on August 1, 1997.

B. The 137 square meters and 137 square meters adjacent to the instant land (hereinafter “instant adjacent land”) share each of Defendant B’s share at the 133.7/137 shares and Defendant C’s share at the 3.3/137 shares.

C. On February 3, 2009, the Plaintiff obtained permission to construct the instant building. On August 3, 2012, the Plaintiff filed a civil petition against the Plaintiff that part of the adjoining land was invaded and that the said building was being constructed. Accordingly, on October 15, 2012, the result of the boundary restoration survey conducted on October 15, 2012, it was confirmed that the Plaintiff committed an offense of 8 square meters in part of “b" portion of the instant building (hereinafter “instant dispute portion”) among the adjoining land, which was successively connected to each point of 2,13,14,15,16, and 2.

The present outer wall line of the building of this case connects each point of the attached Table 23, 22, 21, 19, 18, and 17, and the outer wall line prior to the extension of the building of this case connects each point of the attached Table 23, 22, 21, 20, 19, 18, and 17.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, 19, 20

(2) Each entry, the result of the on-site verification by this Court, the result of the appraiser F’s survey and appraisal, the purport of the entire pleadings

2. The plaintiff's assertion and judgment

A. Article 212 of the Civil Act of the Plaintiff’s assertion provides that the ownership of land extends to the upper part of the land within the scope of legitimate interests.

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