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(영문) 수원지방법원안산지원 2019.02.22 2018가단60741
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Plaintiff

(1) The Plaintiff was divided into ① 607 square meters prior to the division, ② 180 square meters prior to G before the division, ③ 131 square meters prior to H. 2) The Plaintiff was divided into: (a) 379 square meters prior to the F on June 28, 2016; (b) 182 square meters prior to the I on June 28, 201; (c) 46 square meters prior to the J.

B. Before I, the land category was changed to a road on November 28, 2016. On November 29, 2016, the Plaintiff completed the registration of ownership transfer on the ground that the said land was reverted to the same day on November 29, 2016.

3) On June 28, 2016, the said 180 square meters prior to G was divided into 58 square meters, G 58 square meters prior to G, 11 square meters prior to K, and 111 square meters prior to L (c). All three parcels of land divided above were changed into a site around December 9, 2016. (iv) The said 131 square meters prior to H was also changed into a site on December 9, 2016.

피고 소유 토지의 분할 등 1) 피고는 분할 전 M 전 1425㎡의 소유자이다. 2) 위 토지는 2016. 6. 28.경 ⓐ N 전 490㎡, ⓑ O 전 523㎡, ⓒ D 전 219㎡, ⓓ P 전 101㎡, ⓔ Q 전 63㎡, ⓕ E 전 29㎡로 분할되었다.

Of the divided lands above, the category of the said divided land was changed to the site around December 9, 2016, with the area of 490 square meters (a) and 523 square meters (b) prior to N, and (c) 219 square meters prior to D.

(2) On December 28, 2016, the Plaintiff newly constructed R & L land owned by the Plaintiff and D land owned by the Defendant, and obtained approval for the use thereof. On May 28, 2018, the registration for the preservation of ownership was completed. (2) The Defendant newly constructed one unit of N and G land owned by the Plaintiff, and one unit of one unit of one unit of one unit of one unit of one unit of one unit of one unit of one unit of one unit of one unit of one unit of one unit of one unit of one unit of one unit of land owned by the Defendant, and one unit of one unit of one unit of one unit of one unit of one unit of one unit of land owned by the Plaintiff, on March 2, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13, and 15 (including branch numbers, if any), the plaintiff's assertion of the purport of the whole pleadings, and the defendant's land and defendant owned by the plaintiff around November 28, 2016.

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