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(영문) 대구지방법원 2019.06.13 2018나311775
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. The Plaintiff is the owner of land of H 520 square meters in Nam-gu, Nam-gu (this is deemed to have been combined with H 341 square meters and E large 179 square meters, as seen in the process of division and merger as seen below), and the Defendant is the owner of land of 245 square meters in Nam-gu, Nam-gu, Nam-gu, Seoul, and the Defendant is the owner of land adjacent to the said land.

B. The land, which is the land prior to the division and merger, was owned by F with the land of 1,481 square meters and E large 179 square meters prior to the Nam-gu, Nam-gu, and the completion of the division and merger of the said land is attached

2. The same shall apply to the entries in the list;

C. The Plaintiff’s spouse G purchased from F on May 20, 1995 741m2 and 179m2 and 179m2 and 179m2 and 179m2 of the land owned by the Plaintiff’s spouse G from F on the said D’s land (hereinafter “instant farming house”).

G died on November 14, 1995, and on May 1, 1996, the Plaintiff completed the registration of ownership transfer on each of the above land by agreement division under Daegu District Court Port Branch Office (Seoul District Court Branch Office) No. 2941.

In around 2003, the Plaintiff removed the instant farm house, and constructed a single house with light steel-frame structure alone (hereinafter “instant house”) at the same location. On September 1, 2003, the Plaintiff completed the registration of establishment of ownership preservation as the Daegu District Court’s Pohang Port Branch Branch, and the receipt of the instant house, No. 73524.

E. The Plaintiff, a land owned by the Defendant, is attached Form 245m2 in Nam-gu, Nam-gu, Seoul Metropolitan City.

1. The part (B) of the ship connected in sequence 1, 2, 3, 4, 5, 6, 13, 12, 11, 10, 9, and 11 are occupying and using as the site of the instant housing.

[Ground of recognition] A without dispute, entry and video of Gap evidence Nos. 1 through 5, 14, and 15 (including branch numbers if there are branch numbers), the result of the inquiry and reply to the head of South Korea at the time of the court of first instance, the result of the court appraiser I of the first instance court's measurement and appraisal, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s spouse G is the Plaintiff’s spouse G from F on May 20, 1995, with the area of 741 square meters and 179 square meters and 179 square meters in Nam-gu, Nam-gu.

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