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Reasons
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(영문) 대전지방법원 2018.09.20 2017가단207717
소유권이전등기
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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. The current status of the instant road and the area of H 138.7 square meters (hereinafter “the instant road”) of the Daejeon-gu Daejeon-gu H road are adjacent to the land (hereinafter “I land”) and J land, J land, K land, L land, M land, N land, N land, and P road, such as the indication of the attached drawings.

In addition, the plaintiff church occupies and uses the road of this case as a parking lot from October 13, 2016, at least it occupies and uses the road of this case as a parking lot.

B. The instant road was owned by net Q (hereinafter “the deceased”). The deceased died on July 26, 2007, and the Defendants, the deceased’s heir, completed the registration of ownership transfer on November 18, 2016 on each of the instant roads due to inheritance.

C. On October 12, 1998, the Plaintiff purchased O’s land and building from the deceased and Defendant F for purchase amounting to KRW 250 million. On January 5, 1999, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name. 2) also completed the registration of ownership transfer under each of the Plaintiff’s names with respect to the Plaintiff’s land on February 1, 1979, I, J land on April 1, 1996, J land on April 1, 1996, K land on January 14, 2002, NN land on May 15, 2003, NN land on January 16, 2015, and L/C land on October 13, 2016.

3) Therefore, the remaining lands, other than P roads, among the lands adjacent to the instant road, are owned by all the Plaintiff. [Grounds for recognition] There is no dispute, Gap evidence Nos. 1 through 11, and 16 (each entry and video, including a serial number, and the purport of the whole pleadings.

2. Determination on the principal lawsuit and counterclaim claim

A. The Plaintiff asserted 1) The Plaintiff, while purchasing O land from the Deceased and Defendant F, requested on January 5, 199 to change the registration of ownership transfer on the instant road to the Deceased and Defendant F.

Accordingly, the deceased shall use the road of this case for the passage of K, M, and L as of the same day.

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