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(영문) 춘천지방법원 속초지원 2018.03.16 2016가단301044
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to the E-dong (Edong) Special Metropolitan City E-dong (hereinafter “E-dong”), F completed the registration of ownership transfer on June 20, 1966 due to the sale and purchase as of March 25, 196, and the Plaintiff completed the registration of ownership transfer on March 18, 201 due to the inheritance of property due to the consultation and division as of March 20, 1981.

B. As to G land adjacent to the instant land (hereinafter “G land”) and cement brick structure, brick structure, 72.56 square meters (hereinafter “G building”), H completed the registration of ownership transfer on March 29, 198 due to the sale and purchase as of March 28, 198, and Defendant B completed the registration of ownership transfer on October 1, 1999 due to the donation as of September 29, 199.

C. As to the 182 square meters adjacent to the instant land (hereinafter “I land”) and cement brick, brick, 29.75 square meters adjacent to the instant land (hereinafter “I building”), J completed the registration of ownership transfer on October 27, 1981 due to the sale as of October 26, 1981, and Defendant C completed the registration of ownership transfer on October 17, 2005 due to the sale as of September 9, 2005, and K completed the registration of ownership transfer on September 25, 2017 due to the sale as of September 25, 2017.

Defendant B, in turn, connects each point of 7, 2, 8, 9, and 7, among the land in the instant case, occupies the part of 52 square meters (hereinafter referred to as “the part of land subject to B”), which is located at the fence, as the end of “G building” by boundarying the part of the land subject to B, with a fence.

E. Defendant C occupies 59 square meters of the area of 59 square meters inside a ship connected in sequence of the items indicated in the annexed drawings among the land in the instant case, which is located within the boundary of the fenced area of 6,7,9,10,000 square meters (hereinafter “the area of land within the boundary of the Republic of Korea”).

As seen earlier, although the ownership of “I’s land and building” was transferred to K on October 24, 2017 to Defendant C, the ownership of a fence and the right of possession of “I’s land within the territory of the Republic of Korea” is still against Defendant C.

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