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(영문) 광주지방법원 2017.05.17 2016나53080
토지인도
Text

1. The part of the judgment of the court of first instance regarding the lawsuit shall be revoked.

2. The Plaintiff (Counterclaim Defendant), and the Defendant (Counterclaim Plaintiff) B, 3/13.

Reasons

1. In the first instance court’s judgment, the Plaintiff filed a principal lawsuit by combining the claims for removal of buildings and delivery of land. The Defendants filed a counterclaim by combining both the procedures for registration of ownership transfer and the claims for compensation for damages on the ground of the completion of prescriptive prescription. The claims for the principal lawsuit are all dismissed, only the claims for the performance of the procedure for registration of ownership transfer due to the completion of prescriptive prescription were accepted, and it is evident that only the Plaintiff filed an appeal.

Therefore, among the principal claim and the counterclaim claim, only the part of the claim for the execution of the ownership transfer registration procedure due to the completion of prescription is subject to the judgment of the court.

2. Basic facts

A. On December 26, 1974, Dong K completed the registration of ownership transfer as to 225 square meters prior to H in Nam-gu, Gwangju District Court on December 24, 1974 (hereinafter “instant land”). The Plaintiff solely owns the instant land as of August 25, 1999 as the receipt of the Gwangju District Court on August 25, 1999, and as to the remainder of 1/2 shares, the Plaintiff completed the registration of ownership transfer as to the instant land under Article 216721 of the Gwangju District Court on November 1, 201.

B. On August 1, 1974, the Gwangju District Court completed the registration of ownership transfer with respect to the area of 149 square meters prior to J (hereinafter “J land”). On the ground of the construction, the deceased on June 24, 2002, among the buildings owned by constructing the area of 37.8 square meters and 15.2 square meters on the 37.8 square meters on the 1st century housing and the sbre stable on the 15.2 square meters (hereinafter “instant building”).

As the heir of the network I, there are other Defendants, the spouse of the Defendant B and children.

다. 이 사건 토지 중 별지 도면 표시 ㅊ, ㅈ, ㅌ, ㅋ, ㅊ의 각 점을 순차로 연결한 선내 (나) 부분 3㎡ 위에 이 사건 건물의 진입로 일부인 콘크리트 바닥이 있고, 위 도면 표시 ㅅ, ㅂ, ㅍ, ㅇ, ㅅ의 각 점을 순차로 연결한 선내 (다)...

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