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(영문) 광주지방법원 2016.09.30 2015나57276
토지인도
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On March 6, 1981, J completed the registration of initial ownership of the Seo-gu, Seo-gu, Gwangju, L, M, N,O, and P land totaling of 1,282 square meters, and on December 22, 199, the said land was merged into 1,282 square meters in Seo-gu, Gwangju (hereinafter “third real estate”).

B. On January 9, 192 with respect to the instant real estate No. 1, Q 305/635 shares, Plaintiff B and R, and S, respectively, completed the registration of ownership transfer based on donation. On July 14, 1992, Plaintiff B completed the registration of ownership transfer based on donation with respect to the said Q 110/635 shares, and Plaintiff B completed the registration of ownership transfer based on donation with respect to the said Q 32025/193675 shares, R, and S, respectively.

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. On January 13, 2012, the instant third real estate was divided into 1,257 square meters in Seo-gu, Seo-gu, Gwangju and 25 square meters in Seo-gu, Seo-gu, Gwangju, and the Defendant completed the registration of ownership transfer after constructing a building of three-story education and research facilities on the land of 1,257 square meters in Seo-gu, Seo-gu, Gwangju on February 7, 2012.

E. After the Defendant constructed a building on the above K’s land, the Defendant owns and uses 49 square meters of the attached drawings indication 1, 2, 3, 21, 21, and 14 square meters of the attached drawings among the real estate in this case and the second real estate in this case, and the wall 49 square meters of the attached drawings among the attached drawings 1, 3, 5, 61, 51, 51, 61, 41, 31, 21, 33, 40 square meters successively connected each of the above real estate 1, 2, 3, 21, 31, 51, and 166.

F. J. The instant case.

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