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(영문) 대구지방법원 2016.01.29 2015가단24536
소유권이전등기
Text

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

2. The Plaintiff (Counterclaim Defendant) is Daegu-gu to the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. C is a person who completed the registration of transfer of ownership on the instant D site (hereinafter “Plaintiff’s real estate”) after the death of C on August 20, 2012, the receipt of the registration of Daegu District Court No. 68637, Dec. 30, 1974, which was received as of December 30, 1974, due to the sale on June 17, 1956, and the Plaintiff, the wife of C, as to the said D site (hereinafter “Plaintiff’s real estate”), as of August 20, 201, the receipt of the said registration number No. 20451, Nov. 3, 2011.

B. The registration of ownership transfer in the name of F, which was received on May 3, 1986 from No. 16524, which was received on May 1, 1986, with respect to the land adjacent to the Plaintiff’s real estate, was the registration of ownership transfer in the name of Socheon-si, Seoul Special Metropolitan City E, Daegu Special Metropolitan City E, which was located in the Plaintiff’s real estate, for sale on May 1, 1986, and the registration of ownership transfer in the name of F, which was made on January 24, 2002 from the receipt of No. 6229, which was made on February 5, 2002 from the above registration date, was completed on July 22, 2002 from the above registration date, and thereafter the registration of ownership transfer in the name of Kucheon-gu, Daegu Special Metropolitan City was completed on July 1, 2002 on July 1, 2002.

C. The Defendant is the owner who completed the registration of ownership transfer under the Defendant’s name on the ground of sale by compulsory auction on April 28, 2008, as the receipt of No. 10836, April 28, 2008, with respect to the combined Daegu Metropolitan City B Dae-gu 1099 square meters (hereinafter “Defendant’s real estate”).

C With respect to wooden tanks and coagums constructed on the ground of the Plaintiff’s real estate (hereinafter “instant housing”), the Plaintiff filed a report on ownership as of October 8, 1949, and registered as the owner. At present, it is installed on the line in which the fence of the instant housing was attached to the Defendant’s real estate adjacent to the Plaintiff’s real estate, each point of which is indicated in the separate drawings No. 1, 27, 28, 29, 30, and 31.

[Reasons for Recognition] There is no dispute, Gap evidence 1 to 3, Gap evidence 1 to 3-1, 2, Gap evidence 5, Gap evidence 9, Gap evidence 13, Gap evidence 14-1, 2, and Gap evidence 14-2.

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