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(영문) 서울중앙지방법원 2017.07.13 2016가단5056857
토지인도
Text

1. The Plaintiff (Counterclaim Defendant) indicated the attached Form 3, 4, 5, on the part of 5.6 square meters in Jongno-gu Seoul Road C, Jongno-gu.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendant is the owner of Jongno-gu Seoul Metropolitan Government D large 175.2 square meters (hereinafter “D land”) and the building on its ground.

The Plaintiff is the owner of C road 5.6 square meters adjacent to D land (hereinafter “instant land”). Section 1 in the purport of the claim is 3.1 square meters and 2.5 square meters. The same shall apply to Section 2.5 square meters.

D The main gate of the ground building (hereinafter referred to as the “instant main gate”) is located in the part of the instant land.

(b) Division of land E, change of ownership, etc. are as follows:

The location of each land considered later is the same as the result of the cadastral status survey in the attached Form.

1) E land on which State-owned land was located is 1953. (Short 4286.)

6. 30. E, F and G land were partitioned, and again, 1958 (short-term 4291)

6. 14. It was divided into E, D, H, and I land.

2) The divided E’s ownership of land is divided into J on December 30, 1967, and RK on July 23, 1974 (Death on March 13, 1997; hereinafter “the deceased”).

3) On December 24, 1974, the Deceased divided E’s land into E and the instant land and changed the land category into road.

4) On January 24, 1996, the Deceased donated the E-owned land divided into D, and M land and N land to be considered later, and completed the registration of ownership transfer under L on February 1, 1996.5) The Plaintiff, a South-North of the Deceased, acquired ownership of the instant land,O, F land, etc. by inheritance due to a division of consultation on March 13, 1997.

C. The details of the partition of the D land and changes in the ownership of the building on the ground are as follows:

1) D Land ownership divided from E on June 14, 1958 was transferred in sequence to P, etc. on July 5, 1958, and Q and R et al. on March 7, 1974 and two others (hereinafter “ Q et al.”).

On the other hand, Q et al. completed the registration of ownership transfer on D’s ground buildings on the same day. (2) Q et al. divided D’s land into D’s land (F) land, M(F), and S’s land on December 24, 1974.

3. The ownership of M in divided M on December 24, 1974 is adjacent to January 18, 1975.

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