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(영문) 부산지방법원 2018.09.05 2017나57639
사용료
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On August 25, 198, F purchased the ownership of 331 square meters from the previous owner in Busan Shipping Daegu, Busan, and acquired that ownership.

On October 23, 1993, F divided the said C into three parcels of 128 square meters prior to C, E, 149 square meters prior to D, and 54 square meters prior to D. Since then, F changed the land category of 128 square meters prior to C into “B” and the land category of 54 square meters prior to D to “road” respectively.

hereinafter referred to as "C land", "E land", and "D land" according to its lot number.

A) The status of the above C land, E land, and D is as shown in the [Attachment] cadastral status survey performance map (a) and (b) and (c) are as follows:

B. F. Around June 194, 1994, the third floor multi-family house on the land was newly built and the Busan District Court's Dong branch court's registration and the registration of preservation of ownership as of June 22, 1994 was completed and not more than 'C house'.

On October 196, 1996, it newly constructed the second floor detached house on land, and completed the registration of the Dong branch branch branch of Busan District Court and the registration of the preservation of ownership on October 1, 1996 by Law No. 6420.

hereinafter referred to as 'E';

C. On November 20, 2001, the Plaintiff: (a) awarded a bid for the above land, housing, and the above D land in the auction of real estate B with the Busan District Court Dong Branch; and (b) completed each registration of transfer of ownership on November 20, 201 with the Busan District Court Dong Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch, Busan

On September 4, 2008, the Defendant is the Plaintiff’s land adjacent to the instant land, which is the Plaintiff’s “E land” and the said land is the Plaintiff’s “E housing” and is the Plaintiff’s “E housing”.

B purchased B and completed each registration of transfer of ownership on September 5, 2008 with the Busan District Court Dong Branch of Dong Branch of the District Court in Busan District Court No. 79710.

E. Meanwhile, among D land, the portion of “A”, which was connected in order to each point of the attached Form No. 11, 12, 13, 14, 5, 6, 7, 8, 9, 10, and 11 among D land, is used as a space for the said housing in the inside of the entrance of C-house.

Attached Form

The part "B" in the ship that connects each point of the 1, 2, 12, 11, and 1 of the drawings.

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