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(영문) 서울중앙지방법원 2017.02.10 2015가단5355762
소유권이전등기
Text

1. The defendant has each point of the attached Table 1, 2, 12, 11, and 1 among the land area of 515.9 square meters in Gangnam-gu Seoul Metropolitan Government for the plaintiff.

Reasons

1. Basic facts

A. Hyundai Construction Co., Ltd (hereinafter “former Construction Co., Ltd.”) purchased the Gangnam-gu Seoul Metropolitan Government D’s land before subdivision in around 1983, and then divided it into several parcels and newly built a detached house on each divided site and sold the site and building.

(B) In the foregoing case, when indicating the above site and the house, the word “site” or “house” is added to the lot number and indicated. (B)

On December 15, 1983, the Plaintiff acquired E’s land (496.1m2) and its ground housing from Hyundai Construction, and completed each registration of ownership transfer on February 2, 1989, and thereafter, he/she occupies E’s land and housing from around that time.

C. Around June 12, 1986, the Defendant acquired C’s land (496.1 square meters) and its above-ground housing from Hyundai Construction and completed the registration of ownership transfer on June 17, 1986, and thereafter owns C’s land and housing from that time to that time.

However, as a result of surveying the boundary of the land divided in the above site, including E site and C site, it became clear that the boundary of the actual house and the boundary of the land were different.

In other words, F Housing was in the condition that the boundary of E site, E in the case of housing, C in the case of housing, and C in the case of housing, the boundary of G in the order of priority.

(The same shall apply to all of the sites and housing units located in the above site and housing units).

The Plaintiff filed a lawsuit (Seoul Central District Court 2014Da5248874) to implement the procedure for the registration of ownership transfer on the ground of the completion of prescriptive acquisition with respect to 22.1 square meters of the E site from H, the owner of F housing, and was sentenced to a judgment against the Plaintiff on May 1, 2015, and the said judgment became final and conclusive around that time.

F. The Defendant filed a lawsuit seeking removal of the part of the G’s housing site in question from the owner I of the G’s housing site, and the acquisition by prescription on the portion of the G’s possession among the G’s housing site rather than 19.8 square meters is the counterclaim in the litigation procedure.

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