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(영문) 광주지방법원 2017.02.24 2016가단505009
소유권이전등기
Text

1. The Defendant shall order the Plaintiff to indicate the attached appraisal map, 4, e.g., 5, 6, and 4, among the area of 281 square meters in Nam-gu, Nam-gu, Gwangju.

Reasons

1. Basic facts

A. D purchased a building of 307 square meters in Nam-gu, Nam-gu, Gwangju (hereinafter “E”) and completed the registration of ownership transfer on September 23, 1965. At the same time, D had a building of 14 square meters in Yae-gu, Nam-gu, Nam-gu, Gwangju (hereinafter “E”) on the said land.

B. F: (a) purchased the Nam-gu Nam-gu Seoul (hereinafter “C”) 281 square meters; and (b) completed the registration of ownership transfer on June 25, 1976.

C. 1) On May 14, 1982, the wooden buildings above E were destroyed and lost on May 14, 1982, and D on November 4, 1982, extended the first underground floor and the fourth floor above the E on the land (after that, five stories above the ground on March 27, 1985);

hereinafter referred to as “instant building”

(2) During the process of building the instant building, damage was inflicted on the building C, and the passage erosion occurred from the entrance to the chemical part of F’s building to the chemical part, and there was an agreement between F and G warden on November 3, 1982 on the recovery of the damage.

3) In addition, in the process of building the instant building, there was an argument that the location of the fenced between the cadastral line and the land E and the land were inconsistent with the location of the fenced in the land. On the other hand, as a result of the Korean Cadastral System sought, the response was made on May 11, 1982 by the assent of the boundary on the local boundary line (deb) and the boundary on the public record. (c) As of the closing date of the instant argument, the fence installed between the land E and the land in the instant case was behind, and the part (b) in the instant case (hereinafter referred to as “the part (b) of the instant case”), which connects each point of the cadastral line, 5, 66, and 44,

d. 1) F died on July 14, 1996, and the Defendant inherited the land C.

2) AD died on March 7, 2008, and the Plaintiff inherited the right to claim the transfer of ownership as to the instant part (b) by an agreement division. [In each of the facts that there is no dispute over the grounds for recognition, Nos. 5, 7, and No. 1-1, 2, and No. 2 and 3, respectively.

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