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(영문) 수원지방법원 2017.10.11 2016가단800866
소유권이전등기
Text

1. The Defendant’s each point is indicated in the annexed drawings among the annexed drawings of 1,2, 17, 18, 15, 16, and 1 among the annexed drawings of 554 square meters in the wife population C, which is permissible to the Plaintiff.

Reasons

1. Evidence 【Evidence” 1 through 3-1, 2, A4, 5, A6, A7, A8, A9-1 through 3, A1-1, 2, A1-2, B 1, B 2, B 3, B 4-1, 2, and the purport of the whole pleadings;

A. 1) D completed the registration of ownership transfer in its name on February 28, 1972 with respect to the land of 1967 square meters and 1610 square meters prior to the wife population E in Young-si on the ground of sale and purchase on February 26, 1972. 2) D completed the registration of ownership transfer in its name on November 5, 1985 for the purpose of linking E-ground housing and G road.

3) On December 27, 1993, the Plaintiff donated the above E’s 1967 square meters, F, 1610 square meters, H, 88 square meters, and the above E-ground buildings. 4) Thereafter, the said E was merged on February 23, 2016, with 1967 square meters and 1610 square meters prior to F, and was divided into 357 square meters prior to E, and the said E was divided into 582 square meters and 295 square meters prior to E on April 14, 2016.

5) On April 21, 2016, the foregoing E’s 585 square meters and 88 square meters prior to H are merged, land category change, and E’s 670 square meters (hereinafter “the Plaintiff’s land”).

B. B. The Plaintiff’s land in this case was owned by the Defendant (hereinafter “the Defendant’s land”). The Defendant’s land is the wife population C, 554 square meters (hereinafter “the Defendant’s land”).

C. D is adjacent to the land of this case. D used the portion (d) of 15 square meters in order to connect each point of (c) section 15 square meters in the attached drawing indicating 1, 2, 17, 18, 15, 16, 16, and 1 of the attached drawing, among the area Cand 554 square meters in the wife population, as the access road to the above building on the ground of this case. D used the portion (d) of 8 square meters in order to connect each point of 15 square meters in the attached drawing, 15, 18, 19, 20, 20, 20, 21, 23, 221, 19, 18, 17, and 15 square meters in order to each point of (d) the land of this case and the land of this case (hereinafter referred to as the “land of this case”) and the land of this case (hereinafter referred to as the “land of this case”).

(B) The above part of the ship (B) has a water meter installed in the beginning, and there is a difference between the part (B) and the Defendant’s land in the height of about one meter.

2. The Parties.

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