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(영문) 서울동부지방법원 2014.06.20 2012가단61415
소유권이전등기
Text

1. The Korea Development Institute of Hanyang, a defendant educational foundation, indicated on the attached sheet No. 5, 6, 7, 8. The attached sheet No. 3,372 square meters in Seongdong-gu Seoul Metropolitan Government to Defendant C.

Reasons

Facts of recognition

On July 8, 1983, Defendant C purchased 104.31 square meters in stores, 44.22 square meters, 2, 3 houses, and 16.53 square meters in stores, and 104.31 square meters in stores, 104.22 square meters in units, 3 houses, and 44.3 stories in units, and 44.22 square meters in units, 3 houses, and 44.4 underground rooms, and 14.71 square meters in units, and the registration of ownership was completed on July 14, 1983.

C on March 17, 2008, the Plaintiff A and B sold 1/2 of the Plaintiff’s land and building, respectively, and completed the registration of ownership transfer on May 14, 2008.

On May 24, 1993, the Defendant School Foundation (hereinafter “Defendant School”) donated shares of 4,711/4,695 in Seongdong-gu Seoul, Seongdong-gu (hereinafter “Defendant Land”) that was adjoining the Plaintiff’s land, and completed the registration of ownership transfer on June 1, 1993.

The defendant school purchased the remaining 16/4,711 shares out of the defendant's land on November 23, 2009, and completed the registration of ownership transfer on November 25, 2009.

Plaintiff

As of the closing date of pleadings, the building infringes on the Defendant’s land as much as the part corresponding to 24 square meters in a ship connected with each point of the attached Table 5, 6, 7, 8, 9, 10, 11, 29, 13, 14, 15, 16, 17, 24, 23, 20, 19, and 5 of the appraisal drawings among the Defendant’s land.

(2) The following facts are revealed: (a) the part on which the Plaintiff’s building invadeds the Defendant’s land; (b) the part on which the Defendant’s building invaded the Defendant’s land is located: (c) Article 150(3) of the Civil Procedure Act with respect to Defendant C; (c) the description on the Defendant’s school; (d) the description on the Plaintiff’s school; (e) Article 150(3) of the said Act; (e) Article 50(3) of the said Act; and (e) Article 150(1)-5, 2-1-2, 5-1, 5-2, 6, 9, A2-1, 2-2, and 3; and (e) Article 3-1-3-4, 7-1-7-16, 9, A-14

The plaintiffs asserted that the decision-making parties regarding the plaintiffs' claims against the defendant's school are the grounds for the claim against the defendant's school, as follows.

Plaintiff

Since the construction of the building, the Defendant’s land has already been affected by the instant intrusion.

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