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(영문) 대구지방법원 2015.01.15 2013나21039
소유권이전등기
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal cost is borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On July 1, 1949, the ownership transfer registration was made in F’s name with respect to the ownership of 96 square meters prior to D, and on September 13, 2001, the ownership transfer registration was completed in the name of the Defendants with respect to each of the 1/2 shares out of the above land. 2) After the foregoing land, the north part of the above land (attached Form No. 1 or 4 with the order of priority connected each point in the indication 1 or 4) was acquired through consultation at the time of residence as a site for road expansion, and on June 22, 2010, the above land was divided into 11 square meters prior to G at the time of residence with the instant land.

B. The ownership relationship of the instant building, etc. 1) H is an owner of the 1st 274 square meters adjacent land attached to the Seo-west side (attached Form 1 and 9) of the instant land, who is an owner of the 1st 274 square meters adjacent to the instant land, and is a building on the said ground (hereinafter “instant building”).

(2) On March 12, 1980, the registration of ownership transfer was completed under the name of the Plaintiff on November 26, 1985, on the following grounds: (a) the first large 274 square meters and the building of this case were assigned in succession at the time of residence; (b) the registration of ownership transfer was completed under the name of J on April 18, 1981; and (c) the registration of ownership transfer was completed under the name of the Plaintiff on November 26, 1985 on the grounds of sale on November 20, 1985.

3) Subsequent to a permanent residence, I large scale 274 square meters was acquired through consultation at the time of residence as a site for road expansion. On April 21, 2010, I large scale 237 square meters and K large scale 37 square meters at the time of permanent residence. C. The Plaintiff removed the wall and gate on the north side of the instant building due to road expansion. On November 2012, the Plaintiff newly installed the wall and gate in this case, which was installed on the north side of the instant building, and enclosed the wall and gate enclosed with the north side of the instant building. The said wall is located in the order of each of the parts indicated in the separate sheet 1, 2, and 8 among the instant land, and the said separate sheet is located in each of the parts indicated in the separate sheet 1, 2, and 2.

The above 2, ..

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