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(영문) 창원지방법원 2014.07.09 2013나9820
소유권이전등기 등
Text

1. The plaintiff's appeal and the plaintiff's main claim and the conjunctive claim added at the trial are all dismissed.

2...

Reasons

1. In the first instance court, the Plaintiff filed a claim for the registration of ownership transfer due to the removal of buildings, ② delivery of land, ③ the claim for the return of unjust enrichment, and the completion of the prescription period for the possession as stated in Article 2-b of the purport of the claim. The court of first instance rejected the claim as stated in paragraph (1) among the Plaintiff’s claim, and dismissed the claim for the registration of ownership transfer due to the completion of the prescription period for the possession as stated in paragraph

Accordingly, since only the plaintiff appealed against the part against the court of first instance, each claim stated in Paragraph 1 was excluded from the scope of the trial of this court.

2. Basic facts

A. From J, the Plaintiff purchased a 76m2 (D land) and a 2-dong (hereinafter the Gu building consisting of booms and vegetables; hereinafter the same shall apply) from J. The Gu building was extended to C, 18m2 (hereinafter the “C”) owned by the State, G, 34m2 (hereinafter the “G land”) and the above D land.

The plaintiff completed the registration of ownership transfer for D land on April 30, 1981 and resided in the old building around that time.

B. The Defendant’s father F owned 267 square meters (E land) in E-si, the neighboring land adjacent to D, but the land E was divided into 12 square meters in part of the land in the ship (b) and 255 square meters in sequence, which connects the fences to each point of 7, 8, 9, 10, 11, and 7, with the boundary of the fences, and the land in this case was used as the math of the Gu’s building.

C. On July 5, 1986, the Plaintiff completed the registration of ownership transfer concerning C’s land among the former building site, and was appointed to Busan around 1987.

H, around January 1996, removed the debt of the old building and newly built the building on D land, C land, G land, and the second floor of the board panel building (hereinafter “instant building”) on the ground of the instant land, and resided in the instant building until January 1, 1999.

E. As to the land E on May 14, 1999.

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