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(영문) 대구지방법원 2020.06.11 2019가단137669
소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) On July 3, 1987, the Defendant divided 202 square meters out of 886 square meters (hereinafter “the land in the same Ri”) in the area of 886 square meters (hereinafter “the land in this case’s dispute”) into C (the part in which the drawing is combined, hereinafter “the land in this case”) and 37 square meters in the area of land cadastre as F.

(2) On September 25, 1987, E remaining after division (hereinafter “E after division”) had a size of 647 square meters in the title of the registry.

The land in the dispute of this case, which was partitioned, and F, was opened a register on August 21, 2019 due to administrative error.

E CF

B. After division, E sales and factory construction (1) The Defendant sold E after division to G on September 23, 1987, and transferred the registration of ownership transfer on September 25, 1987.

(2) After the division, registration of preservation of ownership was completed on October 29, 1991 with respect to a single-story factory of 232.29 square meters wide on E (hereinafter “instant factory”) and two persons, and the ownership transfer registration was completed on June 12, 1992 to G.

(2) After the division, G sold E and the instant factory to H on January 6, 1994 and transferred the registration of ownership transfer.

H reported the extension on April 25, 1994, and had two stories wides of 147.46 square meters by expanding the factory of this case.

(C) The registration of any change thereby completed on October 26, 200.

Until October 26, 2000, H’s I purchased E and this case’s factory after division in the voluntary auction procedure.

(2) On September 30, 2014, J and Plaintiff A purchased E and the instant factory in 1/2 shares after division, and completed the registration of ownership transfer on October 1 of the same year.

(3) On July 28, 2015, Plaintiff B donated co-ownership of J on the same year.

8.17. The registration of transfer has been completed.

(1) An appraisal report prepared by an appraisal corporation at the request of K Association (hereinafter “K”) (hereinafter “E”) on October 1, 2014 and the instant factory, etc., has a building without permission (the portion with the sign of the drawing below) other than the factory of this case (the sign of the drawing below) after division.

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