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(영문) 인천지방법원 2015.06.25 2014가단38769
지료등
Text

1. The defendant shall be the plaintiff.

(a) 12,462,731 won and the rate of 20% per annum from May 28, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Republic of Korea completed the registration of ownership transfer on May 11, 1984 with respect to the land of Dong-gu Daejeon-gu, Daejeon-gu, Daejeon-do (hereinafter “Before subdivision”).

(Reversion of the rights of September 10, 1948). (b) The cause of registration shall belong to the rights.

On June 7, 1984, the Defendant completed the registration of ownership transfer on September 19, 1987, with respect to 162/436 shares of land before subdivision (1) and completed the registration of ownership transfer on September 19, 1987.

(Cancellation of September 10, 1987).

On April 3, 1988, D completed the registration of ownership transfer on land before subdivision.

(Law No. 30 of November 30, 1954). D.

With respect to the portion of 162/436 of land before subdivision, 1) E completed the registration of ownership transfer on April 21, 198 (as for the registration, April 20, 198), and 2) September 18, 2006, the Plaintiff completed the registration of ownership transfer on September 18, 206.

(Report of September 18, 2006). E.

Pursuant to the Act on Special Cases Concerning the Partition of Co-Owned Land on October 15, 2013, the land before subdivision was divided into three: 274m2 and 162m2 m2 (attached Form 1; hereinafter “instant land”).

On October 21 of the same year, the Plaintiff completed the registration of change of ownership on the instant land.

F. On the instant land, among the buildings listed in the attached Table 2 (hereinafter “instant building”) around 1944, a house of 29.75 square meters is newly constructed, and around around 1960, a house of 16.53 square meters among the instant buildings was newly constructed. At the time of the said new construction, the Defendant was registered as the owner.

G. On January 10, 2007, the Defendant completed registration of initial ownership relating to the instant building.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 through 7, Eul 3, 5 (including provisional numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties’ assertion is that the Defendant owned the instant building on the instant land owned by the Plaintiff without any title, and without any title, occupied the instant land. As such, the Defendant removed the instant building and transferred the instant land to the Plaintiff, and is reasonable.

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