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(영문) 대구지방법원 경주지원 2018.04.24 2016가단12772
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) is one of the 321 square meters of the E-river at the time of racing for the Plaintiff (Counterclaim Defendant).

A. Attached No. 10,12.

Reasons

Basic Facts

The following facts may be acknowledged either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 3, 4, 5, 6, 7, and 8 (including paper numbers) and the results of the measurement, appraisal, and request for supplementation of the Korea Land Information Corporation in this Court, and the purport of all pleadings.

The registration of ownership transfer has been completed on May 5, 1971 with respect to E, E, 321 square meters (hereinafter “instant land”). On December 26, 1991, the registration of ownership transfer was completed on December 27, 1991.

B. G around 1970, around 1970, purchased a H-si 192 square meters (hereinafter “Plaintiff’s land”) adjacent to the instant land, and resided therein (hereinafter “Plaintiff’s housing”) and completed the registration of ownership transfer on the Plaintiff’s land on March 7, 1974.

C. G died on October 18, 1974, and at the time of the death of G, there was the Plaintiffs and J as wife and their children as heir.

However, on August 2006, the J succeeded to J by the I due to his or her death without his or her spouse or child. On November 1, 2014, the I eventually succeeded to the rights and obligations of G property at the ratio of 1/3 of the Plaintiffs.

The Plaintiffs currently occupy, cultivate, as a dry field, the part (i) part of 148 square meters in the ship (hereinafter “instant dry field”) connected in order to each point of Annex 10, 12, 13, 14, 7, 8, 9, and 10 among the instant land, and occupied, cultivated, as a dry field, the attached No. 1 drawing indication 1, 2, 3, 14, 13, 12, 10, 11, and 10 square meters in sequence (hereinafter “instant dry field”). The Plaintiffs occupy as the end of the Plaintiff’s house.

E. Among the E-mail of this case, a part of (i) part 24 square meters in the ship connecting each point of (ii) of the annexed drawings No. 1, 2, 15, 16, 17, 14, and 1 of the annexed drawings and a part 3, 4, 5, 19, 18, and 3 of the annexed drawings in order to connect each point of (ii) part 6 square meters in the attached drawings are divided into cement walls, which are part of the Plaintiff’s housing, and the attached drawings No. 2, 12.

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