(영문) 서울중앙지방법원 2014.06.26 2013가단57403

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(영문) 서울중앙지방법원 2014.06.26 2013가단57403

소유권이전등기 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of transfer of ownership on January 16, 2008 with respect to 1/2 of the Seongbuk-gu Seoul Metropolitan Government Dambro 164.3m2 (hereinafter “instant land”).

The defendant completed the registration of ownership transfer on February 24, 1984 with respect to the portion of 1/2 of the land of this case.

B. There is a building listed in paragraph 1 of the attached list owned by the Plaintiff on the ground level of the part connected in order to each point of 10, 11, 12, 13, 14, 15, and 10 of the attached sheet indicating the attached sheet No. 16, 17, 18, 19, 20, 21, and 16 of the attached sheet No. 2 of the attached list owned by the Defendant on the ground level.

C. The portion of the instant land was connected in sequence 1, 30, 2, 9, 3, 4, 5, 6, 7, and 1 each point of the attached appraisal sheet indicated in the attached Form No. 1, 30, 29, 26, 8, 7, and 1. Of the instant land, the portion of the portion of the instant land (hereinafter “the part occupied by the Plaintiff”) connected in sequence each point of the attached Form No. 8, 26, 29, 30, 30, 30, 29, 29, 9, and 8 is used as an access road to the adjacent site by the Plaintiff. The portion of the portion of the instant land connected in sequence 3, 4, 5, 6, 7, 8, 9, and 3 is used as an access road to the adjacent site.

Since each building listed in [Attachment List Nos. 1 and 2 was newly constructed on March 1959, the title holder of the ownership transfer registration on the building listed in [Attachment List Nos. 1 and 1) was changed, at the same time, the ownership transfer registration was completed with the same title holder as to 1/2 of the land in this case, and at the same time the title holder of the ownership transfer registration as to the building listed in [Attachment List No. 2] was changed.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 11, testimony of witness D and the Korea Cadastral Survey Corporation of this Court.

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