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(영문) 대구지방법원상주지원 2013.11.13 2013가단798
소유권이전등기
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached sheet No. 1, 2, 8, 9, 9, among the area of 85 square meters prior to D in each case at the time of their stay to the Plaintiff (Counterclaim Defendant).

Reasons

1. The following facts may be found in the absence of dispute between the parties, or in full view of Gap evidence Nos. 1, 3, and 4 (including paper numbers), E’s testimony, and the purport of this Court’s request for surveying and appraisal as a whole.

On July 1, 1949, the registration of ownership transfer was made in F name with respect to the area of 96 square meters prior to D, and on September 13, 2001, the registration of ownership transfer was made in the name of the Defendants with respect to each portion of the above land.

However, on June 22, 2010, the north part of the above land (the north part of the line connecting each point of the attached Form 1 or 4) was acquired through consultation at the time of residence in order to expand the road. On June 22, 2010, the above land was divided into 11 square meters before G at the time of residence with the instant land.

B. The building of H was newly constructed on the ground of 1,274 square meters on the west side of the instant land (attached Form 1 and 9) at the time of resident residence owned by H, and the registration of ownership preservation was made in H’s name on March 12, 1980.

After that, I 274 square meters and the building of this case were transferred in succession at a permanent address, and on the grounds of sale on April 18, 1981, the registration of ownership transfer was made in the name of J on May 1, 1981, and on November 20, 1985, the registration of ownership transfer was made in the name of the plaintiff on November 26, 1985.

On April 21, 2010, I large scale 274 square meters in a permanent city was acquired through consultation at the time of residence to expand the road. On April 21, 2010, I large scale 237 square meters in a permanent place and 37 square meters in a permanent place.

C. When the wall and gate located on the north of the instant building were demolished due to road expansion works, the Plaintiff installed a fence and gate, which surrounded the north side and east side of the instant building, around November 2012. The said fence and gate installed a fence up to the line connected each point of the attached appraisal No. 1, 2, and 8 of the instant land, which is owned by the Defendants, in sequence. The said fence and gate installed a fence up to the line connected each point of the attached appraisal No. 1, 2, and 8 of the instant land, and the attached appraisal No. 1, 201.

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