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(영문) 서울남부지방법원 2015.05.27 2014가단45083
소유권이전등기 등
Text

1. The Defendant, among the 161.7 square meters in Yangcheon-gu Seoul Metropolitan Government, shall in sequence indicate 6, 2, 3, 7, and 6 of the annexed drawings.

Reasons

1. Facts of recognition;

A. On January 6, 1987, the Plaintiff purchased a house with a size of 182.4 square meters and its ground (hereinafter “Plaintiff’s land and housing”) in Yangcheon-gu Seoul, Yangcheon-gu, and completed the registration of ownership transfer on the same day. On April 15, 2001, the Defendant purchased a house with a size of 161.7 square meters and its ground (hereinafter “Defendant’s land and housing”) adjacent to the Plaintiff’s land and completed the registration of ownership transfer on May 21, 2001.

B. The portion (B) of the attached sheet No. 6, 2, 3, 7, and 6 connected each point in sequence of 6.4m2 (B) and the part (b) of the land owned by the Plaintiff was less than 4m less than the land owned by the Defendant except the part of the instant dispute. From the time when the Plaintiff purchased the Plaintiff’s land and housing, there was a retaining wall of about 4m in height (hereinafter “the retaining wall of this case”) according to the line connecting the Plaintiff’s land and housing indicated in the attached sheet No. 6, 7, and the retaining wall of this case was installed depending on the edge of the retaining wall of this case.

C. The Plaintiff-owned housing was newly built on July 28, 1983, and the Defendant-owned housing was newly built on January 19, 1983, and the bend of the housing owned by the Plaintiff (in attached Form 2, indicated as SbB as SbB) is located over the boundary in the cadastral map of each of the above land, such as the attached Form 2.

Of the land owned by the Defendant, part (B) of the attached Table 6, 2, 3, 7, and 6 connected with each point of the attached Table 6, 2, 3, 7, and 6 (hereinafter “the part on the dispute of this case”) is located below the retaining wall of this case, and is in contact with the land owned by the Plaintiff without any obstacle. In order to move to the dispute of this case, the part on the dispute of this case is to pass through the gate of the Plaintiff’s house. One of the entrance doors of the Plaintiff’s house is located adjacent to the part on the dispute of this case. The part on the dispute of this case is a road or math by the resident of the housing owned by the Plaintiff.

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