(영문) 전주지방법원 2017.08.16 2016나6296 | 리걸엔진

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(영문) 전주지방법원 2017.08.16 2016나6296

소유권이전등기 등

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 15, 1980, the network D completed the registration of transfer of ownership on the land of this case on April 22, 1981 with respect to the remaining 24/99 shares on October 7, 1980 with respect to the 75/99 shares out of the 327.3 square meters (hereinafter “the land of this case”). The Defendant completed the registration of transfer of ownership on the land of this case on March 19, 2004 by agreement and division on February 17, 1992.

B. The Plaintiff, among the instant land, operates a restaurant from September 15, 1982 to September 15, 1982 from the building (hereinafter “instant building”) with each point of (d), (e) part of (e), 25.8 square meters in the ship (hereinafter “the instant land”), among F land, and 17.2 square meters in each part of (hereinafter “the instant F land”), and 1.7 square meters in the G land (hereinafter “the instant building”). The Plaintiff owned the instant building, thereby occupying the instant part of land.

C. The building of this case was reconstructed around 2003, resulting in the current state as described in the above Paragraph B, and the Plaintiff’s net E, the Plaintiff’s husband, the Plaintiff’s husband, and the Plaintiff owned the building of this case in sequence before the building of this case was reconstructed.

The rent from August 1, 2005 to July 31, 2015 of the instant land portion is KRW 67,848,200, and the monthly rent in the year 2015 is KRW 1,690,430.

[Reasons for Recognition] Uncontentious Facts, entry or video of Gap 1, 4, and 5 certificates (including, if any, various numbers; hereinafter the same shall apply), the result of the appraisal of rent by the appraiser H of the first instance trial, the purport of the whole pleadings

2. The parties' assertion

A. Under the premise that the Plaintiff’s assertion is identical to the building of this case, YY building in the 5th 2th Y building in the Y building in the Y building, Jeonju-si, YY No. 3 on the ground of the main body of the Plaintiff’s assertion (hereinafter “Y building of this case”), according to the description of the copy of the register (No. 11-2 of the evidence No. 11-2 of the building of this case) on the premise that the building of this case is identical

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