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(영문) 서울남부지방법원 2017.07.21 2016가단250971
소유권이전등기
Text

1. The plaintiff (Counterclaim defendant) indicated the attached Form 2 drawings among the 129 square meters of Seoul Yeongdeungpo-gu Seoul Metropolitan Government FF large 129 square meters to the defendant (Counterclaim plaintiff).

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on July 6, 1963 in the name of H with respect to the G-type 175 square meters in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant G-type”).

On the ground of the instant G land, there exists a building listed in the attached list (hereinafter “instant building”). As to the instant building, registration of preservation of ownership was completed on August 30, 1963 in H’s name.

After that, on January 2, 1996, the registration of ownership transfer was completed in the name of each of the plaintiffs on June 29, 1996 with respect to the land of this case and the building of this case on January 2, 1996.

B. The south of the instant G land is adjoining to the Republic of Korea, Yeongdeungpo-gu Seoul Metropolitan Government F.129 square meters (hereinafter “instant F land”).

The instant F land was originally combined on June 24, 2016 with F 56 square meters in Yeongdeungpo-gu Seoul Metropolitan Government and I large 73 square meters in Seoul, Yeongdeungpo-gu. As to the instant F land, the registration of ownership transfer was completed in the name of J on April 19, 197, and the registration of ownership transfer was completed in the name of K on August 1, 1994 and one half shares in the name of K and L on February 9, 207. The registration of ownership transfer was completed in the name of M on October 31, 2014, and the registration of ownership transfer was completed in the name of the Defendants on October 31, 2014.

C. Part of the instant building existing in the instant G land is located on the part of the ship, which successively connects each point of the F land indicated in the separate drawing No. 2, 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 among the instant F land owned by the Defendants, in line with the boundary thereof.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, each entry in 1 and 2, the result of this court's commission of surveying and appraisal to the chief of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination on the main claim

A. On July 26, 1963, H, the father of the Plaintiff’s assertion, purchased the instant G land, and newly built the instant building on that ground on April 7, 1964. Thereafter, H died on January 2, 1996, and the Plaintiffs died on the instant G land and the instant building.

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