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(영문) 수원지방법원 2018.02.02 2017나61348
토지인도
Text

1. Revocation of a judgment of the first instance;

2.(a)

Defendant E, (1) to the Plaintiffs, and attached Form 2.3 square meters, which is not less than 203 square meters before the wife population in Yong-si.

Reasons

1. Basic facts

A. G (the address prior to the change of the name of the administrative district is the Gyeonggi-gun H; hereinafter “W”) land (the land category was previously changed) in Chungcheongnam-si constitutes a group of land at the time when I completed the registration of ownership transfer on January 25, 1989.

I divided from W on January 18, 1996, 1710 square meters before J on February 5, 1996, and completed registration of change on February 5, 1996. On December 26, 1996, the I completed each registration of change on January 20, 1997 by dividing the area of 146 square meters before K and the area of 1050 square meters before L.

B. At that time, I newly built each house on the J land partitioned as above as W (the entire W was newly built on five houses) and built L land sperm, constructed a package work to use part of the K land as a road, and completed the registration of modification on January 20, 1997 by changing the land category of K land into a road on December 26, 1996.

C. Around that time, M land (the land category was previously used as a whole; hereinafter “X”) adjacent to the south of W was constituted once more.

X on March 5, 1996, N on April 9, 1997, the ownership was transferred to Y, and N on April 9, 1997, which was the owner, entered X, which was the blind in the north side of W through “agriculture” located at the right edge of W.

Defendant D completed the registration of ownership transfer based on the successful tender on July 28, 2000 with respect to J land and its ground buildings.

Defendant E purchased, around November 3, 2004, the part purchased with two houses (1st floor, 73.92 square meters, 47.94 square meters, 2nd floor, 47.94 square meters) of 'B’, which was newly constructed by I on the ground among W from O on the ground. On March 19, 2014, Defendant E completed the registration of ownership transfer in its future by making a partition of co-owned property with P large 320 square meters.

E. Meanwhile, on April 16, 2004, Q, R, and S completed the registration of ownership transfer made on April 6, 2004 with respect to each of X 1/3 shares.

X means May 10, 2006 M. M.

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