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(영문) 대구지방법원 2019.06.13 2019가단100162
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. As to each real estate listed in the separate sheet, the transfer registration under the name of the Plaintiff was completed as of September 5, 1980. However, as of June 13, 2014, the transfer registration under the name of the Defendant (hereinafter “the transfer registration in this case”) was completed on the ground that “the donation on June 12, 2014” was completed as of June 13, 2014.

B. On the real estate registration certificate of real estate in the attached list No. 2, the details of the building were originally “19.8 square meters of wooden string roof multi-story housing, 19.8 square meters of soil brick string roof, 9.9 square meters of agricultural living facilities in the wooden string roof, 19.6 square meters of wooden string house and 19.6 square meters of multi-story string roof housing, 2.3 square meters of double string knife knife string house,” but the registration of change was made on September 15, 2014 with the “19.8 square meters of wooden string roof housing, 19.8 square meters of knife knife knife knife knife knife knife knife knife knife knife knife knif knif k.

The real estate listed in paragraph (1) of the attached Table No. 1 shall be “the instant land”, and the real estate listed in paragraph (2) of the attached Table No. 2 shall be “the instant building” among the instant buildings, and the real estate listed in paragraph (2) of the attached Table No. 1 of the attached Table shall be “the instant building”; among the instant buildings, the “previous house”; the “previous house”; the destroyed soil wall, brick, string ground, and the agricultural living facilities of one-story 19.6m2m2 of the destroyed general wood structure branch 34.2m2m2 of the apartment house of one-story branch of the instant building” shall be “newly-built house”.

C. At present, the instant land and the instant building are possessed by the Defendant (the fact that there is no dispute over the grounds for recognition, evidence No. 1, evidence No. 2-1, and evidence No. 2, and the purport of the whole pleadings).

2. The gist of the claim is that the Plaintiff, around June 2014, removed the destroyed house and expanded the newly-built house and demanded the Plaintiff to donate part of the instant land to the Plaintiff. As such, the Plaintiff against the Defendant 1/3 of the instant land.

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