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(영문) 부산지방법원 2013.08.29 2011가단138009
진정등기명의회복을 원인으로한소유권이전
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) Busan.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. D owned the land, building and its current status (1) and D owned the Gangseo-gu Busan Metropolitan Government E-255 square meters (hereinafter “instant land”) and the Gangseo-gu Busan Metropolitan Government C-7 square meters (hereinafter “C”) located within the area subject to permission of land transaction contract.

(2) The current status (A) of the instant land and the instant land and buildings, and the instant land and buildings thereon, are the parts successively connected to each of the points indicated in the annexed drawings, in order of 5, 6, 7, 8, 9, 12, 29, 26, 22, 20, 25, and 5. The instant land are the parts successively connected to each of the points indicated in the annexed drawings. The instant land is the parts successively connected to each of the following: 1,2, 3, 4, 5, 25, 20, 22, 26, 29, 12, 9, 10, 11, and 11.

(B) Of the instant land, buildings with two floors or less (a) are located on the part (a) of the instant E, which connects each point of which is 6,7, 34, 33, 32, 31, 30, 29, 28, 27, and 6 in sequence, and are located on the part (a) of the instant land, 156 square meters.

However, the block fence of the instant main building was installed on the line that connects each point of the separate drawings Nos. 12, 13, and 23 among the instant C land in sequence.

(C) An unauthorized building (hereinafter referred to as “instant building”) is located on the part of the ship connected with each point in sequence of 16, 17, 18, 3, 4, 19, 20, 21, 22, 23, 24, and 16, which is indicated in the annexed drawings. The part on the land of this case located on the land of this case is a part of 75 square meters in the ship (b) connected each point of 16, 17, 18, 18, 3, 4, 19, 20, 20, 22, 23, 24, and 16, which is indicated in the annexed drawings.

In addition, among the land in this case C, a block fence is installed on the line that connects each point of 17, 2, 3, 4, and 5 of the annexed drawing indication 17, 3, 18, 17, and 2 of the annexed drawing indication 2, 3, 17, and 2 of the annexed drawing indication 2, 4, 5, 25, 20, 19, and 4 of the annexed drawing indication 4, 5, 20, 19, are used as the site of the land in this case.

B. D’s real estate sale (1) D’s sales contract with the Plaintiff around October 20, 2006.

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