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(영문) 서울서부지방법원 2020.07.16 2019나42553
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 30, 1982, the Plaintiff completed the registration of transfer of ownership on the grounds of sale on the same day with respect to F-75 square meters in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “F land before the merger of this case”) and the third-story buildings on the same day before the merger.

B. On June 14, 1996, the Plaintiff completed the registration of transfer of ownership on the ground of sale on the same day with respect to G G G-gu Seoul Metropolitan Government large 16.2 square meters (hereinafter “G-type G land before the instant merger”), H large 9.6 square meters (hereinafter “H land before the instant merger”), and I large 96.8 square meters (hereinafter “I land before the instant merger”), which was adjacent to F-type G, H, and I land before the said merger, on May 17, 201.

(A) Pursuant to this, F’s land prior to the instant merger became one of the F of Eunpyeong-gu Seoul Metropolitan Government 197.6 square meters, and it is referred to as “F’s land after the instant merger.” The shape and location of G, H, and I’s land prior to the instant merger are as shown in the copy of the closed cadastral map.

C. On the G land prior to the instant annexation, an unauthorized building with the size of 66.11 square meters (20 square meters) was constructed on or around January 1, 1962. However, the Plaintiff acquired the ownership of the said unauthorized building on or around June 14, 1996, by acquiring the G land, etc. prior to the instant annexation.

(A) Although the location of the building on the Unauthorized Building Confirmation Board is the G land before the said annexation, in light of the fact that the area of the G land prior to the said annexation is 16.2m2m2, the area of the said Unauthorized Building is 6.11m2, and the evidence Nos. 15, and Nos. 7-1 and 7-2, the said Unauthorized Building appears to have been constructed over G and I land before the instant annexation.

The Defendant completed registration of preservation of ownership on December 21, 201 and managed part of the E’s land before the instant annexation and the land adjacent to Eunpyeong-gu Seoul Eunpyeong-gu J land (hereinafter “instant J land”), while the Plaintiff occupied and used it without permission.

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