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(영문) 서울중앙지방법원 2019.11.29 2017가단45163
토지교환으로 인한 소유권이전등기 절차
Text

1. The plaintiff (Appointed) and the selector B's primary, primary, and secondary claims are dismissed, respectively;

2...

Reasons

1. Facts of recognition;

A. On September 22, 2016, the Plaintiff (designated parties; hereinafter “Plaintiffs”) and the Selection B (hereinafter collectively referred to as “Plaintiffs”) purchased two detached houses of reinforced concrete structure (Iron) and their ground reinforced concrete roof structure (framed), owned from D and E from 2007, and completed the registration of ownership transfer thereof by purchasing the real estate listed in attached Table 1 (hereinafter referred to as “F land”) as well as the real estate listed in attached Table 1 (land number) of the Plaintiff’s ownership.

B. In the cadastral map between C land owned by the Plaintiffs and F land owned by the Plaintiffs, the real estate indicated in paragraph 2 of the attached Table, the registration of ownership preservation of which was completed on March 27, 1996 (hereinafter “G land”) is located according to the lot number.

C. Of F land owned by the plaintiffs, in the order of their respective points indicated in the separate sheet Nos. 3, 26, 27, 28, 29, 24, 23, and 3, in the case of the part of “b” in the attached sheet Nos. 65 square meters and the part of “c 38 square meters” connected with each point of the attached sheet Nos. 21,22,5,22,5,29,28, 27, 26, and 21, among F land owned by the plaintiffs, a cable is installed pursuant to the Korea Electric Power Corporation in the part of the land prior to 2005 or in the above part of the above ground (38 square meters) prior to 191, it is used as a nonlegal road (including a road) such as where the water pipe and sewage manager were buried in Namyang-si, Gyeonggi-do, and still existing.

The Plaintiffs occupied the portion 16 square meters in the “16 square meters” portion of the attached drawing among the F land owned by them, which is in sequence connected with each point of 4,23,24, and 4, and occupied the portion of “1, 2, 3, 23, 4, 24, 25, and 1 of the attached drawing among the G land owned by the Defendant, and used it as the front end of the said detached house owned by them.

Article 48 (Sale) (1) General property shall fall under any of the following subparagraphs:

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