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(영문) 광주지방법원 2015.11.27 2014가단505616
토지인도
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. Of the 635 square meters in Seo-gu, Seo-gu, Gwangju, 1, 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 6, 1981, J completed the registration of ownership transfer based on sale and purchase with respect to the land totaling of 1282 square meters in Seo-gu, Seo-gu, Gwangju, L, M, N,O, and P, and the said land was merged into 1282 square meters in Seo-gu, Seo-gu, Gwangju (hereinafter “instant third real estate”).

B. On January 9, 192 with respect to the instant real estate No. 1, Q 305/635 shares, Plaintiffs B and R, and S, respectively, completed the registration of ownership transfer based on donations. On July 14, 1992, Plaintiff B completed the registration of ownership transfer based on donations with respect to the said Q 32025/193675 shares, R, and S completed the registration of ownership transfer based on donations with respect to respective 3050/193675 shares.

C. On April 2, 1970, Plaintiff A completed the registration of ownership transfer based on sale of the instant real estate No. 2, and Plaintiff B completed the registration of ownership transfer based on donation as to the portion of 12/469 out of the instant real estate No. 2 on July 22, 1992.

The Defendant purchased the instant third real estate from J on May 20, 201, and completed the registration of ownership transfer based on sale on July 6, 2011. Since then, on January 13, 2012, the instant third real estate was divided into 1257 square meters in Seo-gu, Seo-gu, Gwangju and 25 square meters in Seo-gu, Gwangju, and on February 7, 2012, the Defendant newly constructed the building of three-story education and research facilities on the land of 1257 square meters in Seo-gu, Seo-gu, Gwangju and completed the registration of ownership.

E. After the Defendant constructed a building on the above K’s land, it occupied and used part 14 square meters on the ship (B) and 14 square meters connected each point of 1, 2, 3, 21 and 1 of the attached drawings among the instant 1 real estate, and part (D) and 49 square meters on the ship connected each point of 3, 4, 5, 61, 51, 66, 51, 41, 41, 31, 21, 21, 33 among the instant 2 real estate.

F. The J died after selling the instant 3 real estate to the Defendant, and E, its wife, was 3/9 shares, and F, G, and H respectively 2.

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