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(영문) 대구지방법원 2015.10.22 2014나305536
토지인도
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be the plaintiff, 1) 548 square meters in Gyeong-gun, Seongbuk-gun, Seongbuk-gun, Ga.

Reasons

1. Basic facts

A. As the Plaintiff and F’s shares of 1/4 of the Plaintiff and F, 1/4 of their respective ownership shares in the E 436 square meters in Seongbuk-gun, Seongbuk-gun, and the Korea Rural Community Corporation were incorporated into a site of the Korea Rural Community Corporation, the Plaintiff, F, and the Korea Rural Community Corporation entered into a contract on June 22, 2012 on the exchange of shares in the Plaintiff, F, and F, and 565 square meters in the land owned by the Korea Rural Community Corporation (hereinafter “land before division”).

B. Accordingly, the Plaintiff and F, on July 5, 2012, completed the registration of ownership transfer with respect to 1/2 shares of each land before subdivision, and thereafter, the Plaintiff purchased 1/2 shares of F out of the land before subdivision on September 3, 2012 and completed the registration of ownership transfer on September 7, 2012.

C. Meanwhile, on the other hand, on May 28, 2013, the land before subdivision was divided into 548 square meters (hereinafter “instant one”) and 17 square meters (hereinafter “instant two land”) prior to the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the land before subdivision was subdivided into 548 square meters (hereinafter “instant one”).

(hereinafter referred to as “each of the instant lands,” including the instant one and the instant two lands, D.

On December 22, 1994, the Defendant purchased 672m2 square meters from the Sungju-gun G Gung-gun, Chungcheongnam-do (hereinafter “G land”) adjacent to each of the instant lands from the Sungju farmland improvement association, and completed the registration of ownership transfer on July 7, 2006.

E. On October 29, 1996, the Defendant constructed, on the ground of G on the ground of cement brick structure, Russia, Ginsia, a manager of a clan branch, a branch of a clan branch of the 118.95 square meters. On July 28, 2010, the Defendant completed the registration of initial ownership of the above building. From around 2004 to 2005, the Defendant constructed a yellow soil bank building (hereinafter “the instant yellow soil bank”).

[Ground of recognition] Facts without dispute, entry or video of Gap evidence 1 through 6, the result of a request for surveying and appraisal to the court of first instance for surveying and appraisal, and the result of a request for surveying and supplementation of appraisal, the fact inquiry about the head of Sung-ju in this court, the purport of the whole pleadings

2. The plaintiff's assertion

A. The defendant is the owner of G land, and each of the land of this case during the construction of the above clan manager building and the yellow soil of this case.

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