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(영문) 창원지방법원 통영지원 2018.04.05 2017가단24723
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

Basic Facts

The following matters shall be applicable to the ownership change of the E large scale 165 square meters (hereinafter “the instant land”); E large scale 238 square meters adjacent to the instant land (hereinafter “the instant land”); and the land No. 2 on the ground of the instant land: 0.5 tons of the light steel structure of the light-frame structure on the land No. 2; 75.63 square meters of single-story housing on the knive roof of the Han-si, Sin-si (hereinafter “the instant building”).

The date of receipt of the instant building No. 2 on the instant land No. 1, which was the date of receipt of the instant building on November 7, 1984, the date of receipt of the instant building by the owner of the ground for registration on August 3, 1994, which was the date of receipt of the owner of the ground for registration on the date of receipt of the ownership, and the sale due to a compulsory auction on February 21, 1995, donated to Defendant B B on Sep. 25, 2008, Plaintiff C on Sep. 21, 2008, the preservation registration on Sep. 25, 2008, Plaintiff C on March 16, 2017, the GF was newly constructed on the instant land No. 2 on November 7, 1984, one story, and 31.08 square meters, and 24.05 square meters of a house with slate of a block structure (hereinafter “the instant previous building”).

On November 22, 2005, the Plaintiff transferred the ownership of the building of this case to another person, and removed it on April 24, 2008, and newly constructed the building of this case on its job.

The instant building, among the instant land No. 1, intrudes the part (C) of the attached Table No. 9, 10, 14, 15, and 9, which connects each point of the attached Table No. 9, 10, 15, and 9.

【In light of the fact that there is no dispute, Gap evidence Nos. 1 through 14 (if there is a provisional number, including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the fact-finding conducted by the court about the time of the fact-finding, the whole purport of the pleading and the evidence revealed that the defendant Eul owned and used the part of the case Nos. 1 through 14, and the old building of this case from Nov. 7, 1984 to Nov. 7, 1984, the time when the former building of this case was newly constructed and owned by F. It is difficult to view that the defendant occupied and used the part No. 1 (b) of this case, which was used as the end of the old building of this case and the place of the house of this case.

The plaintiff is the plaintiff.

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