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(영문) 전주지방법원 2019.08.23 2018가단27104
사용료
Text

1. The Plaintiff (Counterclaim Defendant)’s main claim and the Defendant’s counterclaim are all dismissed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 28, 2009, the Plaintiff acquired ownership by winning the land listed in the attached Table 1 list E (hereinafter “instant land Nos. 1 and 2”) that was owned by the Jeonju District Court C, D Real Estate Auction proceeding.

B. The father F of the Defendant and the Appointors purchased the land around 1, 2, as follows.

1) On October 3, 1995, “F” means G G 268 square meters (hereinafter “G land”) at Kim Jong-si on October 3, 1995.

(A) The term “H land” is 142m2 (hereinafter “H land”).

(2) On November 5, 1995, 195, E purchased from I and completed the registration of ownership transfer on October 19, 195.2) On November 5, 1995, E sold 41 square meters among 827 square meters before J in Kim Jong-si (hereinafter “J land before division”) to F. On January 8, 1996, the said land was divided into J 416 square meters (hereinafter “J land after division”), J 356 square meters in Kim Jong-si (hereinafter “K land”), and 55 square meters in L site (hereinafter “L land”).

3) As between E on January 16, 1996, F shall prepare a sales contract for K land and L land equivalent to 411 square meters among J land purchased from E prior to division, as in paragraph (2) of F, and shall complete the registration of ownership transfer on each of the above land on February 23, 1996.

C. According to the cadastral map as seen in the attached Form 2, according to the cadastral map, the land Nos. 1, 2 and F in this case and the land of G, H, K, and L (hereinafter referred to as “the land of the above four parcels”) which completed the registration of ownership transfer between G, H, K, and L (hereinafter referred to as “G and other four parcels of land”).

A. Although it exists as a road, as seen in the attached Form 3, M land has lost its function as a road, and the actual road exists as a Myanmar sign leading to the right upper part at the bottom of the upper left side of the real estate Nos. 1 and 2 of this case, as shown in the attached Form 2. The defendant and the designated parties own a building over part of the land No. 2 of this case, M, H land, and K, and the land No. 1 of this case extends to G land, H land, and L.

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