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(영문) 대구지방법원 2013.11.15 2013가단932
소유권이전등기
Text

1. The section (A) of the ship connected each point of the attached Form No. 1, 2, 3, and 1, among the area of 49 square meters in the 49 square meters in Gyeongbuk-gun, Gyeongbuk-gun.

Reasons

1. Basic facts

A. On September 5, 1994, Defendant C acquired part of the shares of land E in the G, G, and around November 13, 1995, Defendant C newly constructed a restaurant, etc. on the above land and completed registration of ownership preservation. On November 25, 1995, Defendant C acquired all F and G shares in the above land.

B. On May 20, 2006, the Plaintiff purchased the above E land and its ground buildings from Defendant C and completed the registration of ownership transfer on June 12, 2006.

C. Defendant B completed the registration of ownership transfer of the above D land on February 20, 1995.

The land category of the above D was the first answer, but the land category was changed to the "site" on February 12, 2007.

Defendant B leased the above D land in 2007, and the lessee was allowed to construct and use the building in the name of Defendant B.

Upon completion of the building, Defendant B completed the registration of ownership preservation in its name on February 28, 2007. D.

The Plaintiff currently occupies the portion of 29 square meters in the ship connecting each point of (A) No. 20 square meters in order to connect each point of (4), No. 4, 5, 6, and 4 of the attached Form No. 1, No. 1, No. 2, No. 3, and No. 1 of the attached Form No. 4 among the above land registered as owned by Defendant B as owned by Defendant B (hereinafter “instant land”).

E. The Plaintiff filed a lawsuit against the Defendants seeking the registration of ownership transfer of the instant land by the Daegu District Court 2012Kadan48203, but, after submitting the complaint, the Plaintiff failed to directly receive the notice on the date of pleading on the wind, and the lawsuit was withdrawn.

Rather, Defendant B filed a counterclaim against the Plaintiff (2012da51995) claiming the transfer of the instant land against the Plaintiff and won the case (the judgment of deemed confession as the Plaintiff’s absence). The Plaintiff appealed against the Plaintiff and filed a final appeal to the Daegu District Court 2013Na780, which is currently pending in the appellate trial.

[Ground of recognition] There is no dispute, there is each entry number of Gap evidence 1 through Gap evidence 3, Eul evidence 1, and Eul evidence 2.

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