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(영문) 춘천지방법원 2017.05.25 2016가단7756
소유권이전등기 절차이행
Text

1. The Defendant connects each point in the sequence of 7, 12, 13, 8, and 7 square meters of the annexed drawings of the 127 square meters of Gangwon-gun Hongcheon-gun Hongcheon-gun C forest.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in full view of Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 4, Gap evidence 6, Gap evidence 7, Gap evidence 8, Gap evidence 9, Gap evidence 10, Gap evidence 13, Gap evidence 14, Gap evidence 15-1 to 4, the records of Gap evidence 15-4, the field inspection results of this court's on-site inspection, and the whole purport of arguments as a result of this court's request for the measurement of the Korean Land Information Corporation, and there is no counter-proof.

On March 10, 1995, Non-party H (hereinafter “the deceased”) completed the registration of ownership transfer with respect to 956 square meters in Hongcheon-gun, Hongcheon-gun (hereinafter “Plaintiff”).

B. On February 17, 1995, the Defendant completed the registration of ownership transfer with respect to the land of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the neighboring land of the Plaintiff (hereinafter “Defendant’s land”).

C. From the time when the Deceased completed the registration of ownership transfer on the Plaintiff’s land, the Plaintiff had a house on the Plaintiff’s land. Among the Defendant’s land, the cement fence on the part of the Defendant’s land was located in a cement fence on the part of 14 square meters connected with each point of 7,00 square meters in sequence, and on the part of 4, 11, 12, 7, 6, 5, and 4, in sequence, each point of 4, 11, 12, 7, 6, and 5,00 square meters in the attached Form.

On March 20, 2013, the deceased removed the Plaintiff’s land’s ground house and constructed a new 105.92 square meters on the Plaintiff’s land on October 22, 2013, and made a registration of preservation of ownership on the ground of the Plaintiff’s land. The outer ocean and cement fence were not removed, and still remains.

E. On October 16, 2015, the Deceased died. On October 16, 2015, J, the spouse, succeeded to 3/11 shares, E, Appointor E, F, Plaintiff (hereinafter “Plaintiff”) and Selection G, respectively.

2. Determination

A. As to the Plaintiff’s assertion, the Plaintiff indicated the attached Form 7, 12, and 12 among the Defendant’s land.

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