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(영문) 서울북부지방법원 2018.12.11 2018가단105535
소유권이전등기
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 5, 20, 19, among the area of 129 square meters in Dongdaemun-gu Seoul Metropolitan Government C large 129 square meters.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 26, 1995, the network D acquired the ownership of the building E, Dongdaemun-gu Seoul, Dongdaemun-gu Seoul (hereinafter “Plaintiff’s land”) and its ground (hereinafter “Plaintiff’s building”).

B. On July 17, 2012, the Defendant acquired ownership of the Dongdaemun-gu Seoul Metropolitan Government 129 square meters (hereinafter “Defendant’s land”) and its ground buildings (hereinafter “Defendant’s building”) adjacent to the Plaintiff’s land.

C. The Plaintiff’s building was constructed on the part 13 square meters of “4” portion on the Defendant’s land, which connected each point of the attached Form No. 5, 20, 19, 18, and 5, prior to the acquisition of the network D’s ownership (hereinafter “instant land”). The network D occupies the Plaintiff’s building from the date of acquisition of ownership, thereby occupying the Plaintiff’s land in the instant dispute.

The network D died on July 31, 2016, and on February 27, 2017, the Plaintiff acquired the ownership of the Plaintiff’s land and the Plaintiff’s building due to the inheritance due to the consultation division.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including additional number, if any) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the counterclaim, the Plaintiff is obligated to remove the Plaintiff’s building on the land in the dispute of this case to the Defendant, the owner of the land in the dispute of this case, and deliver the land in the dispute of this case to the Defendant, except in extenuating circumstances.

3. Judgment on the plaintiff's counterclaim and the plaintiff's counterclaim

A. The Plaintiff’s assertion asserts that, since the deceased D, the inheritee, occupied the land in this case for twenty (20) years from April 26, 1995, the Defendant is obligated to implement the procedure for ownership transfer registration on April 26, 2015.

B. According to the above facts of recognition as to the cause of the principal claim, etc., the Defendant, which is the neighboring land, in acquiring and commencing possession of the Plaintiff’s land and the Plaintiff’s building on April 26, 1995.

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