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(영문) 대전지방법원서산지원 2017.04.04 2016가단2613
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) indicated on attached Table 1, 2, 3, and 3 on the Plaintiff (Counterclaim Defendant) among the 4,175 square meters of the 4,175 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

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

1. Facts of recognition;

A. D on December 7, 1962, completed the registration of ownership transfer with respect to the land of 4,175 square meters (hereinafter “instant land”).

As to the instant land, the Defendant’s denial E completed the registration of ownership transfer based on sale with D on February 5, 198, and the Defendant completed the registration of ownership transfer based on a consultation division on June 13, 2014.

B. On August 8, 1968, the Plaintiff purchased from F the instant G, 83 square meters (hereinafter “instant G land”), 2,34 square meters prior to H, 532 square meters prior to I (hereinafter “instant land”), among the instant land, 383 square meters and J ground wooden buildings, and completed the registration of ownership transfer on the instant G, H, and I land on August 12, 1968.

From the day of the above sales contract, the Plaintiff cultivated the North side of the instant G, H land, and the instant land, and resided in the house located on the north side of the instant land.

C. Since purchase of the instant land, D cultivated the remainder of the boundary of the embankment (hereinafter “the instant embankment”) from among the instant land, the instant land, the instant G, and the instant land by the owner of the instant H and G land, respectively.

On the other hand, on the north side of the land of this case, housing and warehouse have been located.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 4, Gap evidence 6, Eul evidence 1, Eul evidence 8, the purport of whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion D sold 383 square meters out of the instant land to K, and K to F in sequence, and the Plaintiff continued to cultivate from F 383 square meters of the instant land since purchased 383 square meters from F.

In addition, after acquiring the ownership of the instant land, D has cultivated the instant embankment over the south of the boundary. K, F, and the Plaintiff cultivated the instant embankment over the north of the boundary.

E. The E.

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