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(영문) 인천지방법원 2016.02.12 2015가단225720
소유권이전등기
Text

1. Of the 13.8 square meters in Bupyeong-gu, Incheon Metropolitan City, the Defendant marks the attached sheet No. 2, 3, 4, 5, 6, 7, 8, 9 and 2.

Reasons

1. Basic facts

A. D purchased on May 7, 1987 and completed the registration of ownership transfer on the same day as Bupyeong-gu Incheon Bupyeong-gu E, 312.5 square meters (hereinafter “instant land”).

Since then, D obtained a construction permit on April 25, 1990 to construct the 5th floor (187.26 square meters, 23.04 square meters, 5 stories, hereinafter “instant building”) on the land of this case on the land of this case, and obtained approval for the use of the instant building on August 13, 191, and completed registration for the preservation of ownership of the instant building on July 16, 192.

B. Since then, the Plaintiff purchased the land and building No. 1 of this case on March 8, 2003 and completed each registration of ownership transfer on April 8, 2003.

Meanwhile, on June 24, 2011, the Defendant purchased a land equivalent to 13.8 square meters in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant land”) for a compulsory sale procedure and completed the registration of ownership transfer on the same day.

C. Part of stairs, etc. for access to the building of this case, among the land Nos. 2 of this case, connected each point of the attached Table Nos. 4, 5, 6, 14, 13, 12, and 4 with each point of the attached Table No. 2, and part No. 2.0 square meters of the part (C) part of the building of this case, among the land No. 2 of this case, connected each point of 3.2 square meters of the attached Table No. 3,4, 5, 6, 7, 11, and 3.2 square meters in sequence among the land No. 2 of this case. As a result, the Plaintiff used part (B) of the attached Table No. 2 of this case, which connected each point of 3,4, 4, 5, 6, 7, 8, 9, and 2 as the pedestrian part for the use of the building of this case and the pedestrian part (hereinafter “the part occupied”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including branch numbers for those with serial numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion D, the former owner of the building of this case, and the plaintiff succeeded to the possession of D, the former owner of the building of this case, shall be the intention of possession from July 16, 1992 to 20 years.

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