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(영문) 수원지방법원 2021.01.28 2019나81469
토지인도
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the appeal.

Reasons

1. Basic facts

A. The relevant Plaintiff is the owner of E-road 730 square meters (hereinafter “instant land”). Defendant B Co., Ltd. (hereinafter “Defendant B”) is the owner of F miscellaneous land 5,152 square meters (hereinafter “F land”); Defendant C and Defendant D are co-owners of G 2,255 square meters (hereinafter “G land”); and F land and G land as co-owners.

B. On February 24, 1995, part of the G land of this case and G land of this case before partitioning 4,432 square meters (hereinafter “G land before subdivision”) at the time of the subdivision prior to the subdivision of the said land and the G land before partitioning 4,432 square meters prior to the subdivision of the said land on February 24, 1995 (hereinafter “G land before subdivision”) was subject to several revisions and subdivisions of the area, the said G land and the said G land were at least KRW 1,348 square meters at the time, 78 square meters at the time of salt farm, 00 square meters at the time of the subdivision, and 408 square meters at the P salt farm.

On the same day, the land category of the instant land was divided into “road” from “Dume” and “F land category” from “Dume to “miscellaneous land” respectively.

2) Before subdivision, K was owned by I and J (hereinafter “I”). On March 27, 1995, Defendant B completed the registration of transfer of the ownership of G land before subdivision to F and L, and the instant land left as owned by I, etc.

3) After January 17, 2005, L transferred the ownership of G land to Defendant C by dividing the G land before subdivision, and thereafter, the said G land was transferred to Defendant D through M on September 21, 2012.

4) Meanwhile, on December 6, 2013, the Plaintiff purchased the instant land in KRW 32850,00 from I, etc. and completed the registration of transfer of ownership in its name on December 13, 2013.

(c)

1) The location of the instant land and its surrounding land, including the Defendants’ land, is identical to that of the result of the survey of boundary restoration conducted in attached Table 1 (each lot number and land category are indicated only), and the instant land is non-packaged, and in order to move to a contribution from the Defendants’ land, this is intended.

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