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(영문) 대구지방법원서부지원 2015.09.02 2013가단28722
소유권이전등기절차이행
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) Daegu to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. D, as to the land of this case owned by E, completed the registration of ownership transfer on August 18, 1976 on the grounds of “trade as of August 17, 1976,” and D, as the wife, donated the instant land to the Defendant on April 17, 2003, and completed the registration of ownership transfer in its name on the 18th of the same month.

B. On January 26, 1966, F purchased G 116 square meters and H large 667 square meters adjacent to the instant land from E and acquired ownership on February 1966. On March 27, 1981, F acquired ownership by purchasing I large 83 square meters from D on March 27, 1981, and completed the registration of preservation by constructing a temple on the land adjacent to the said three lots of land (hereinafter “each adjoining land”). On May 6, 1996, F donated each of the above land and buildings to the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”). The Plaintiff completed the registration of ownership transfer on May 10, 196.

The location of each adjoining land of this case and the land of this case shall be as shown in attached Form 3.

C. F is a section of dispute not exceeding 20 square meters on board, which connects each point of Annex 1, 2, 3, 4, 5, 6, 7, and 1 of Annex 2 among the land in this case, in sequence.

A) The Plaintiff has installed a fence and occupied the dispute portion after the date of the donation. Since the date of the donation, the Plaintiff occupied it. 【Ground of Recognition” The Plaintiff has no dispute, as a result of the commission of surveying and appraisal to the Vice Governors of the Daegu North Korean Headquarters of the Korea Intellectual Property Corporation (including the serial number, as a result of the commission of surveying and appraisal to the Vice Governors of the Daegu North Korean Intellectual Property Office of this Court,

2. Determination as to the cause of the principal claim

A. On January 26, 1966, the Plaintiff’s assertion F purchased the dispute portion from E in KRW 1.50,000 from E, and thereafter, the prescriptive acquisition was completed on February 14, 1986 by occupying the dispute portion from that time.

F Around May 196, the Plaintiff donated each of the adjoining lands and buildings of this case, including the dispute portion, to the Plaintiff. The Plaintiff succeeded to the possession of F’s dispute portion, and has been occupied and used until now.

However, D is the above.

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