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(영문) 서울고등법원 2016.06.30 2016나2019
토지인도
Text

1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

(a) Land ownership and division relationship 1) Namyang-si C (hereinafter “C”) only

(2) On May 17, 1963, the registration of transfer of ownership in the name of F was completed on December 21, 1983, the registration of transfer of ownership in the name of H on December 8, 1986, and the registration of transfer of ownership in the name of G on July 29, 192 (the cause of registration: the exchange on July 10, 1992) was completed on July 12, 200. 2) The registration of transfer of ownership in the name of G was divided into 1,141 square meters in the name of E on December 12, 200 and 577 square meters in the name of E on December 16, 200, and the former one,829 square meters in the name of J on October 4, 2006 and the former one,86 square meters in the name of J on December 316, 2006.

3) The Plaintiff purchased from G on December 8, 2006 a 564 square meters and 1,086 square meters prior to K on December 20, 206, and completed the registration of ownership transfer on December 20, 206. 4) The former 564 square meters prior to E on August 7, 2009 was divided into 66 square meters prior to E (attached Form 1 land, and 61 square meters prior to E on July 6, 2015, and 498 square meters prior to P (attached Form 2 land). The 1,086 square meters prior to K was divided into 317 square meters prior to K on August 7, 2009 (attached Form 3 land) and 769 square meters prior to L.

B. Around April 29, 1962, the father of the defendant's father of N, E, andO constructed a cement strest and house 13.52 square meters, soil brick cement and house 36.13 square meters, respectively, on the ground of N, E, and O, and on January 18, 198, the registration of ownership transfer (the cause of registration: the inheritance of the property on March 28, 1985) in the name of the defendant was completed. The defendant removed each of the above buildings on April 13, 1998 and removed the building on May 21, 1998 (hereinafter "the building of this case").

(2) On June 26, 1998, the part of the building of this case, among the buildings of this case, was newly constructed, and the registration of ownership transfer was completed under the name of the defendant on the same day. On December 31, 1998, the registration of ownership transfer under the name of the defendant was completed on December 31, 1998. 2) The defendant newly constructed a part of 25.2 square meters of the first floor (house) of the building of this case, which was before the plaintiff purchased from G to purchase 564 square meters of the building of this case. The part of the building of this case, which was located within the scope of the authority to indicate the drawings, around 1998.

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