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(영문) 창원지방법원 2018.10.11 2017가단117162
소유권이전등기
Text

1. The Defendant indicated the attached Table 1 appraisal map among the attached Table 1, 2, 3, 4, 5, 6, 27, 26, 25, 23, 23, 24, 23, among the attached Table 507 square meters in the window of Changwon-si, Changwon-si.

Reasons

1. Basic facts

A. On March 19, 1996, the Plaintiff’s husband’s father-owned real estate acquired the ownership of the 36.03 square meters in a house with the 36.03 square meters in the streke roof of the Changwon-si, Changwon-si and the 36.03 square meters in the streke roof of the ground level, the 47.74 square meters in the streke roof of Pyeongtaek, and the 15.07 square meters in the 15.07 square meters in the streke roof of the Pyeongtaek, and on April 21, 2017, the Plaintiff donated the said land and the said house to the Plaintiff

(hereinafter referred to as “Plaintiff-owned land”; and (b) the said land is owned by the Plaintiff.

On or around July 5, 1978, the Defendant’s husband F acquired C large 507 square meters of a window in Changwon-si, Changwon-si on April 27, 1978, and constructed 31.45 square meters of cement block structure, string house, one-story house, and 31.45 square meters of a warehouse on the ground (the wood mentor and mentor, one-story roof, and 33.02 square meters of a single-story house, and 21.02 square meters of a single-story house at the time of acquisition).

2) The F died on November 12, 2004.

On February 14, 2005, the defendant completed the registration of ownership transfer with respect to the above land and housing in the net F name on the grounds of inheritance by consultation and division.

(hereinafter referred to as “Defendant-owned land” and “Defendant-owned housing” are C.

Around June 22, 2017, the Defendant requested the removal of the Defendant’s building and conducted a boundary survey to remove the Defendant’s house and build a new building. The Plaintiff’s house was found to have partially infringed on the Defendant’s land and demanded the removal of the relevant part.

According to the result of the survey and appraisal conducted by the Korea Land Information Corporation, the Plaintiff’s housing is located on a part 34 square meters in the ship (B) that connects each point of the attached Table 1 appraisal No. 1, 2, 3, 4, 5, 6, 27, 26, 25, 24, 23, 22, 21, 20, 19, and 1 (hereinafter “the instant site part”).

(2) Attached 1’s appraisal is part of a site on which a building is not located, which connects each point of Attached 6, 7, 27, and 6’s attached appraisal to each point.

hereinafter referred to as “the site part of this case”

(e).

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