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(영문) 서울중앙지방법원 2014.08.28 2012가단352378
소유권이전등기
Text

1. Defendant Republic of Korea shall enter the Plaintiffs in the same list as shares of 1/2 of the lands listed in the separate list No. 1.

Reasons

1. Basic facts

A. Defendant Republic of Korea is the owner of each of the lands listed in the separate sheet Nos. 1 through 4 (hereinafter referred to as “instant land No. 1” and the other lands are collectively referred to as “the same manner”). Defendant C&S Co., Ltd. (hereinafter referred to as “Defendant C&S”) acquired ownership of the instant land No. 5 on December 3, 1935.

B. On May 23, 1969, Plaintiff B’s husband, and Plaintiff A’s father, acquired the ownership of the Dongjak-gu Seoul Metropolitan Government D major 261 square meters (hereinafter “instant site”). Since prior to the date of the instant acquisition, Plaintiff occupied the instant site before the said acquisition date, and resided on the ground, he newly constructed cement brick cement structure, cement mortar, and one-story housing 80.64 square meters (hereinafter “this case’s debt”) and installed toilets and gates around the time of the construction of the instant debt. Some of the above toilets and gates installed a toilet around the time of the construction of the instant debt. The part of the above toilets and gates connected each point of the instant land indicated in the Map No. 9, 25, 26, 27, 28, 10, and 9 in sequence, were installed as a site for the entire part of the instant land.

C. After that, the above C newly built on the ground of the instant land the brick cement structure and branch roof, which is a building separate from the instant debt, a brick structure, a cement brick structure, and a cement brick structure, a single-story house, 29.71 square meters (hereinafter “the instant separate debt”). A part of the instant separate debt and separate debt were newly built on the ground of the instant land exceeding the instant land, and part of the instant separate debt structure, such as a gyle, etc., was the entire land of the instant land.

On May 5, 1973, the above C obtained approval for use of the housing of this case.

E. The above C died on February 21, 1987, and the plaintiffs inherited the land and housing of this case and owned one-half shares until now.

F. The plaintiffs are indicated in the annexed drawings among the land No. 2 of this case. 14,15.

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