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(영문) 제주지방법원 2019.04.24 2018나367
토지인도등
Text

1. The judgment of the court of first instance is modified as follows.

The counterclaim of this case is dismissed.

B. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The process of dividing and relocating the Clupo City 121 square meters in Seopo-si is 1) Seopo-si Pri (hereinafter “Pri-si”)

A) On August 28, 1979, in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094), registration of ownership was completed in the name other than FF and ten names. (2) From E to C, divided on December 30, 1994, the registration of ownership was completed in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502) on the same day with respect to land before division (hereinafter “land before division”).

3) On May 16, 2005, G fishing village fraternity completed the registration of ownership transfer on the land before subdivision to D on April 27, 2005, based on sale and purchase as of April 27, 2005. 4) D divided the land before subdivision into 121 square meters in Seopo-si, Seopo-si (hereinafter “instant land”) and 86 square meters in H large-scale 86 square meters (merger owned D on August 11, 2005). ② On June 24, 2005, G fishing village fraternity completed the registration of ownership transfer on the instant land to the Plaintiff on June 23, 2005.

(hereinafter “instant transfer registration”). B.

I Registration and sales contract 1) The Defendant’s mother-friendly J on November 29, 1997, completed the registration of ownership transfer with respect to I large scale 17 square meters adjacent to the instant land on November 29, 1997. 2) M entered into a contract with the Plaintiff on November 2, 2009, and I large scale 17 square meters to the Plaintiff on a price of KRW 3 million, and entered into a long-term lease contract with the Plaintiff as the buyer until the transfer registration is completed.

C. Among the instant land possessed by the Defendant, such as the instant building, there is a building (hereinafter “instant building”) located over the area of 37 square meters in part (A) and part of 17 square meters in part on the ground that connects each point of the attached Form No. 1, 2, 3, 4, and 1 among the instant land possessed by the Defendant, such as the instant building, and the Defendant resided in the instant building from February 10, 2015 to reside in the instant building, and the instant part of the A, among the instant land.

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