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(영문) 인천지방법원 2014.12.12 2014가합53376
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In line with the southwest boundary of 844-1 sports site in Yeonsu-dong, Yeonsu-gu, Incheon (hereinafter “Dong-gu”) of the same 888-1 miscellaneous land 3,804 square meters (hereinafter “Dong-ri-dong 888-1 land”) depending on the southwest boundary of the 888-1 land in Yeonsu-dong, Yeonsu-gu, Incheon (hereinafter “Dong-do 844-1”) adjacent to the same 888-2,216 square meters (hereinafter “Dong-ri-dong 888”) depending on the southwest boundary of the 888-1 land in Dong-ri, Dong-ri (hereinafter “Dong-ri Do”), there exists a ditch (hereinafter “the ditch in this case”).

B. On February 8, 2010, in the case of the first preservation registration of the area of 888-1 square meters in Yeonsu-gu, Incheon Metropolitan City on February 8, 2010, the area on the register was 5,930 square meters, and the area was corrected to the area of 6,020 square meters on November 18, 2009.

(hereinafter referred to as 888 land in East Chuncheon was divided into the land before the division, and the remaining part of the land in East Chuncheon 888-1 land before the division is 888.

C. Before subdivision, the land of the Dong-dong Do-ri 888 was the original sea, and was buried at the time and influences, and was newly registered as the land category on August 10, 1954, the reason of the land category, the “new registration (construction completion) on August 10, 1954,” and the owner’s “State Port Authority”. The registration of ownership preservation was completed on March 30, 1984 in the Defendant’s future.

On the other hand, on April 17, 1964, the Plaintiff completed the registration of ownership transfer based on trade in the future of the Plaintiff with respect to the land of Dong-ri Do-dong 844-1.

The Songdo Golf Co., Ltd. (hereinafter referred to as the "Songdo Golf") is "the golf course of this case" on the 8th ground and above the east-dong, Gyeong-dong, and the 8th ground.

On March 5, 1990, the construction of the instant golf course began with the Plaintiff’s approval from the Plaintiff on the land use of 844-1 land and 8 parcels, Dong Chuncheon-dong from around that time, and completed the construction of the instant golf course around the end of 191.

E. At the time of construction of the instant golf course, the steel fence was installed in accordance with the direction of the ditches on the ground of the land of 888, East-gu, west-dong, Gyeong-dong, Seoul, where the instant golf course was installed.

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