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(영문) 인천지방법원부천지원 2016.09.23 2015가단100756
소유권이전등기
Text

1. All of the claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The plaintiff (Counter-defendant) is a counterclaim.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence 1 to Gap evidence 6 (including the number of each class) and the whole purport of the pleadings.

1) The Plaintiff’s ownership of land and the process of a merger and division shall be limited to the land listed in attached Table 1 (hereinafter “land 1”).

The building of this case is the building of this case, hereinafter referred to as "the building of this case") and 3 floors of reinforced concrete sloping roof on the ground and 2 lots outside the above land.

(2) The Defendant is the owner of the land indicated in paragraph (2) of the attached Table of Real Estate (hereinafter “Attachment 2”) and the owner of the three-story building with three-storys of steel frame slocks in the attached Table of Real Estate (hereinafter “Attachment 2”), Kimpo-si, Kimpo-si, and land No. 820 square meters.

3) On January 19, 2005, the size of D Forest No. 2,558 square meters was 2,642 square meters in combination with E on January 19, 2005, and the area was divided on November 5, 2009, and the area was 820 square meters in size. B. The Plaintiff with respect to the occupation of land was 75 square meters in line with the indication of the annexed drawing No. 1, 2, 3, 25, 26, 27, and 1 among the land No. 2.

B) B. The Defendant is the part of part (b) in the ship (hereinafter “the part occupied by the Defendant”) and 64m2 (hereinafter “the part in the instant case”) connected in order to each point of the attached drawing Nos. 1, 14, 15, 16, 17, 18, and 1 among the land in the instant land

each possession.

2. Determination as to the principal lawsuit

A. 1) The Plaintiff, while constructing the instant building, began with the permission of F, which was the owner of land Kimpo-si, Kimpo-si, and completed the instant building on February 17, 1997. After that, the Plaintiff sold the instant building to the Defendant with F on June 23, 1997, and with G attached Table 1, 14, 15, 16, 17, 18, and 1 of the land owned by the Plaintiff, among the land owned by the Plaintiff, among the land owned by the Plaintiff, the land owned by the Defendant, and the land owned by the Defendant, the part (2), 64 square meters in the part (2), and 64 square meters in the inside (2), which was sold to the Defendant as the land owned by the Defendant and F, but whose registration of transfer was completed.

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