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(영문) 창원지방법원 거창지원 2018.10.10 2017가단11266
토지인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

D On January 13, 1976, D completed the registration of transfer of ownership on the ground of sale on December 11, 1975 with respect to E-type 175 square meters (hereinafter “E land”).

F on November 25, 1994, F completed the registration of transfer of ownership on the ground of sale on December 15, 1985 with respect to the G-gun G-gun, Chungcheongnam-do (hereinafter “G land”).

D Around March 31, 2008, F filed a lawsuit against F to seek removal of a building on the ground of 8 square meters on the land of 14 square meters in Chungcheongnam-gun, Chungcheongnam-do. F filed a counterclaim against D against D to seek removal of stairs and buildings in G land, removal of buildings in the same part of G land, and transfer of 33 square meters in the same part of G land. On September 29, 2009, the above court rendered a judgment that “F shall implement the procedure for transfer registration of ownership on the land of 8 square meters in the above H land from D, and at the same time implement the procedure for transfer registration of ownership on the land of 33 square meters in G among the above H land to D on the ground of completion of the acquisition by prescription (Seoul District Court Decision 2008Kadan82 (main lawsuit), 2009Kadan605 (Counterclaim)), and at the appellate court of the above case, the said procedure was implemented to DF on April 14, 2011.

[Attachment Changwon District Court 2009Na13655 (main office), 2009Na13662 (Counterclaim). On October 4, 2010, the Plaintiff completed the registration of ownership transfer based on sale on September 12, 2010, with respect to the 155 square meters in Chungcheongnam-gun, Seoul Special Metropolitan City (Counterclaim). On October 13, 2010, the Plaintiff was merged with I large 17 square meters and J large 111 square meters.

(hereinafter “instant land”). D, on November 29, 201, completed the registration of ownership transfer for 33/118 shares out of G land on November 22, 201, due to the exchange on November 22, 2011.

The Plaintiff, on February 9, 2012, connected D with D in sequence 1, 2, 2, 3, 4, and 1 of the annexed drawings No. 2 among the instant land by the Defendant, as the Changwon District Court 2012Gadan322.

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