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(영문) 대전지방법원서산지원 2016.07.19 2015가단51328
소유권이전등기
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated an attachment No. 6, 7, 8, 8, 9, 10, 21 among the size of 1,864 square meters prior to Seosan-si, Seosan-si.

Reasons

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

1. Basic facts

A. On May 23, 2006, the Plaintiff purchased from Seosan-si Ean 301 square meters (hereinafter “instant land”) from D, and on the registry, a land mentor and coagumentary house 83.34 square meters on the above land on the register (hereinafter “instant building”). The Plaintiff completed the registration of ownership transfer on May 25, 2006.

B. The Defendant purchased from F on August 11, 2004 the area of 1,864 square meters (hereinafter “instant land”) prior to Seosan-si, Seosan-si, the neighboring land of this case, and completed the registration of ownership transfer on September 1, 2004.

C. The change of ownership of the instant land and the instant land and buildings is indicated below and indicated in the table.

- The following is the land of this case of this case (E) on November 31, 80, G (Preservation of Ownership) on December 31, 2003, G 80, G on November 11, 208, H 87, H 88, H 88, J. 88, J. 08, J. 88, J. 08, J. 08, J. 88, J. 01, Nov. 04, 2009, K. 89, K. 89, Nov. 1, 2004, K. 80, Nov. 10, 2004, K. 89, Nov. 4, 2006, Plaintiff 6, May 15, 2005, 196, May 15, 2005, 2006.

D. However, the instant building exists on the ground of the instant land, not on the instant land, such as the indication of the attached drawing.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 5, Eul evidence Nos. 12, Eul evidence Nos. 11, and Eul evidence Nos. 11, and the result of the commission of each appraisal to the President of the Western District Information Corporation of the Republic of Korea in this Court, the fact-finding results of this Court on the Seosan Market, the purport of

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) while purchasing the instant land and buildings from D, the Plaintiff was aware that the instant building existed on the ground of the instant land. D also knew from K around November 12, 191 that the instant building existed on the ground of the instant land while purchasing the instant land and buildings from K around November 12, 191. Accordingly, the Plaintiff or D occupied the instant building site as its owner intention. (ii) The Plaintiff and D have occupied the instant building site for at least 20 years.

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