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(영문) 대구지방법원 2019.08.22 2018가단113246
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. (1) On February 28, 2012, the Plaintiff purchased shares of 1254/1976 (=6/104) in a voluntary auction procedure among 379.2m2m2 (hereinafter “D land”) in Daegu-gu, Daegu-gu, Daegu-gu (hereinafter “D”) on February 28, 2012, and then purchased shares in the same year.

3.2. Completion of the registration of ownership transfer.

(2) On October 14, 2016, the Defendant: (a) the full amount of 571.6 square meters (hereinafter “C land”) in Daegu-gu, Daegu-gu; and (b) the share of 38/104 out of D land.

8. 22. The registration of ownership transfer was received by sale;

B. The Plaintiff purchased the Plaintiff’s land possession (1) and purchased the Plaintiff’s land as well as 67.11m2, mentmen and roof of the ground wooden mentor and roof, and 84.57m2 and 5.1m2 (hereinafter collectively referred to as “Plaintiff’s building”).

The site of the building is not more than 2.3 square meters (hereinafter “the part of the building”) connected in order to each point of the items indicated in the attached Form No. 11, 12, 13, 14, and 11 among the land of the building C.

(2) Of the land attached to C, part of the toilet building owned by the Plaintiff (hereinafter “instant toilet”) is located on the part of 2.9 square meters on the ship (b) connected in order to each point indicated in the attached drawing (1) No. 6, 7, 8, 9, and 6 among the land attached to Annex C (hereinafter “the part”).

C. The Plaintiff’s land occupation Plaintiff is under possession of the portion of 272.8 square meters in the ship connecting each point of 1,2, 3, 4, 14, 6, 7, 8, 9, 10, 11, 12, 13, and 1 of the attached Form No. 1, 2, 3, 4, 14, 6, 7, 8, 9, 10, 12, 13, and 1

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 2-1 and 2-2, the result of this court's request for survey appraisal, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion (1) D land was mutually nominal by co-owners before the Plaintiff and the Defendant acquire shares.

Part V is owned by the plaintiff.

(2) From September 23, 1997 (the date of registration of ownership preservation) to the Plaintiff’s building, the Plaintiff’s building is located within the territory of the Republic of Korea and the Republic of Korea.

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