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(영문) 서울북부지방법원 2015.08.28 2014가단44403
소유권이전등록
Text

1. The Plaintiff (Counterclaim Defendant) indicated the attached Form 1 drawings on the Defendant (Counterclaim Plaintiff) in Seongbuk-gu Seoul Metropolitan Government B large 436 square meters, 9, 8, 11, 10, and 10.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. C has completed the registration of ownership transfer in its name on November 13, 1973 with respect to the Seongbuk-gu Seoul Metropolitan Government D pursuant to Article 674 square meters, and newly constructed a house on that ground and completed the registration of ownership preservation on September 20, 1974.

C sold the above land and housing to E on August 2, 2004, and E completed the registration of ownership transfer under its name on September 20, 2004, and E donated part of the shares to F, G, and H on December 24, 2009. The Plaintiff purchased the above land and building from E, F, G, and H on March 28, 2013 and completed the registration of ownership transfer under the Plaintiff’s name on April 29, 2013.

B. Around April 30, 1985, the Defendant purchased the instant land, which was exempted from the Plaintiff’s land, and completed the registration of ownership transfer in the name of the Defendant on May 19, 1986.

C. Of the above buildings owned by the Plaintiff, the portion of “A” and the portion of “A” portion of “A” and the portion of “A” of “A” of “A” of the building connected in sequence with each point of Annex 9, 8, 11, 10, 10, 10, 9, 8, and 9 among the above buildings owned by the Plaintiff are located on the ground of Annex 2, 3, 11, 10, 10, 9, 8, and 2, which are linked in sequence to each point of Annex 2, 2, 3, 11, 10, and 40 square meters (hereinafter “the part of the instant dispute”) among the instant land

[Reasons for Recognition] Uncontentious Facts, Evidence No. 1-2, Evidence No. 2, Evidence No. 2, Results of appraiser I’s survey and appraisal, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff asserted 1: (a) since C commenced the occupation of the part of the instant building on September 20, 1974, when the part of the instant building was in violation of the instant land and newly built on September 20, 1974, the occupation was succeeded in sequence to the Plaintiff via E, etc.; and (b) since May 19, 1986, the Defendant did not change the landowner’s ownership after acquiring the ownership of the instant land; (c) as of November 5, 2014, the period of 20 years calculated retroactively as of November 5, 2014, when the Plaintiff submitted a complaint was 20 years thereafter.

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