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(영문) 대구지방법원경주지원 2015.09.01 2015가단10045
소유권이전등기
Text

1. As to the Plaintiff KRW 25,680,00 and KRW 25,000 among them, the Defendant shall pay to the Plaintiff KRW 25,000 from March 14, 2015, and KRW 680,000.

Reasons

1. Basic facts

A. The land prior to the merger of this case was originally owned by D and E after completing the registration of ownership transfer on August 30, 1978. On July 15, 1986, the said land was converted into a FF large 502 square meters on July 15, 1986, and the said F land was again subdivided into a FF large 254 square meters on December 29, 1988 (hereinafter “the instant land”).

B. After H completed the registration of ownership transfer on December 29, 198 with respect to the instant land, the building was newly constructed on that ground. The Defendant, on November 19, 2007, operated a certified judicial scrivener office in the above building after completing the registration of ownership transfer with respect to the instant land and its ground buildings.

C. The Plaintiff is the owner who completed the registration of ownership transfer on July 12, 1982 with respect to the land adjacent to the above land, I 129 square meters (hereinafter “the adjoining land of this case”). At the time of July 12, 1988, the Plaintiff purchased from D and E 2 square meters of the land prior to the said annexation at KRW 17,500,000, in order to construct a building on the adjoining land of this case. At the same day, the Plaintiff paid the purchase price to D and E, and newly constructed a building on the adjoining land of this case and on the land of this case on December 9, 1988 upon delivery of the said part of the land.

Among the land in this case, the part occupied as the above building site is part of 8 square meters in a ship connecting each point of the attached Form 4, 5, 6, 7, and 4.

(hereinafter “the occupied part of this case”). D.

On January 15, 2015, the Plaintiff filed the instant lawsuit against the Defendant seeking the implementation of the procedure for the registration of ownership transfer based on the completion of the prescriptive acquisition as to the occupied portion, and served the Defendant with a duplicate of the instant complaint. On February 23, 2015, the Defendant sold the instant land to J and K including the occupied portion, and completed the registration of ownership transfer as to the said land.

【Ground of recognition】 Evidence Nos. 1 through 7.

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