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(영문) 수원지방법원 여주지원 2017.01.12 2016가단54249
소유권이전등기
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 8, 10, 10, among the land size of 193 square meters in leisure the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. Nonparty E completed the registration of ownership transfer on February 8, 1996 due to Nonparty E’s decision to grant a successful bid on December 28, 1995 with respect to the land of 193 square meters (hereinafter “Plaintiff’s land”) and the 2nd roof of the lux roof of the ground tank (hereinafter “instant building”), and the Plaintiff completed the registration of ownership transfer due to voluntary auction on May 3, 2013.

B. The Defendant completed the registration of ownership transfer on October 10, 2005 on the ground of sale due to voluntary auction on September 16, 2005 with respect to the two-story neighborhood living facilities and warehouse buildings adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

C. On the part (B) on the part of the Defendant’s land connected with each point of 3,4, 19, 5, 6, 18, 17, 16, 15, and 3, the stairs up to the first floor of the Plaintiff’s land to the second floor are installed, and the Plaintiff occupies the Plaintiff, and the attached appraisal is also connected in sequence 4, 5, 19, and 4. The part (c) on the part of the Defendant’s land owned by the Plaintiff, which connects each point of 4, 5, 19, and 4.

The part of the above stairs and site is the area of (B) and (c) part 6 square meters (hereinafter “instant dispute land”) connected with each point of the attached Table 3, 6, 18, 17, 16, 15, and 3 among the land owned by the Plaintiff.

Plaintiff

Of the land, the appraisal number Nos. 8, 10, 11, 6, 7, and 8 are attached to the land and the building and roof eaves owned by the defendant are installed on the ground of 4m2 square meters in order to connect each point.

[Ground of Recognition] Fact that there is no dispute between the parties, Gap evidence 1-A-3, Eul evidence 7, each entry and video, the result of this court's request for survey and appraisal, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim for removal of the part possessed by the Defendant, the Defendant also indicated the attached appraisal among the Plaintiff’s land by 8, 10, 11, 6, 7, and 7.

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