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(영문) 제주지방법원 2017.12.20 2016나2383
소유권이전등기
Text

1. The plaintiff (Counterclaim defendant)'s appeal and selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On November 16, 1978, the Plaintiff purchased from Jeju Island F 298 square meters (hereinafter “Plaintiff’s land”) and its ground, and thereafter occupied the Plaintiff’s land until now.

B. As to the Plaintiff’s land on December 6, 1980, the Plaintiff completed the registration of initial ownership in accordance with the Act on Special Measures for the Registration, etc. of Real Estate Ownership, which was in force at the time of March 9, 1983, respectively.

C. G, as the father of the Defendant, was the owner of the C Dae-ro 687 square meters adjacent to the south of the Plaintiff’s land (hereinafter “Defendant’s land”) and died on March 10, 1985, as the owner of the Plaintiff’s land (hereinafter “Defendant’s land”).

The defendant inherited the defendant's land solely due to the death of G, and completed the registration of ownership transfer in his name on May 31, 1995.

From the time of purchase of the Plaintiff’s land, the Plaintiff used the entire land of the Plaintiff and the part on the Defendant’s land as a building site and access road. Of the part on the part on the part of “A” connecting each point in order to each point in Annex A, B, C, D, and A, the Plaintiff owns 60 square meters of a block structure warehouse on the ground of Annex A, B, C, D, and A, and 3 square meters of a block structure on the ground of “C” portion of “A” connected each point in each point of the same drawing indication 1, m, n, n, o, and 1, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, and 6 (including provisional evidence number; hereinafter the same shall apply), I and J's results of each appraisal, the purport of the whole pleadings

2. Determination

A. On November 16, 1978, the Plaintiff asserted the part concerning the main claim 1) the remainder of the land (hereinafter “instant housing site, etc.”) excluding the passage portion among the land on board from the time the Plaintiff purchased the Plaintiff’s land.

It has also been known that it is the object of sale.

However, the plaintiff is the defendant's land in the part possessed by G.

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