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(영문) 춘천지방법원 원주지원 2018.06.12 2017가단32694
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) B and the Defendants are the Plaintiff (Counterclaim Defendant) in annexed Form 1 of the Gangseo-gun G Forest G forest No. 256 square meters.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. On October 16, 1996, the Plaintiff completed the registration of ownership transfer in the future of the Plaintiff on the grounds of sale on September 30, 1996, with respect to H 9 square meters and I 169 square meters for each of the 169 square meters.

The land of this case was combined with H on October 13, 1997 and JJ large 268 square meters (hereinafter collectively referred to as “the Plaintiff’s land”).

B. On October 10, 1997, the Plaintiff completed the registration of ownership preservation in the future of the Plaintiff on the 107.71 square meters of 107.71 square meters of Chosung-gun H on the ground of Gangwon-gun H of Gangwon-do (hereinafter “instant housing”).

C. From April 25, 1975, the Defendants shared the shares of Defendant B 3/9, shares of Defendant C, and E, shares of 1/9, shares of Defendant D, and shares of 2/9 shares, respectively, from March 25, 1975 to March 25, 197.

The Plaintiff occupies the part of the Defendants’ land in the instant case B and C.

Plaintiff

Some of the instant houses owned by the owner are located on the ground of the part D in the instant ship which falls under the part B of the instant ship.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply), the result of the appraisal by the Korea Land Information Corporation, the gist of the plaintiff's assertion in the purport of the whole argument of the parties concerned is that the plaintiff purchased the land of this case and constructed the housing of this case from the end of February 1997 to May 1997, knowing that the part of the plaintiff's land of this case was also included in the plaintiff's land of this case.

The Plaintiff, at least from May 31, 1997, occupied the part on the instant ship with its own intent, and completed the prescriptive acquisition on May 31, 2017.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer with respect to each of the pertinent shares stated in the attached Table 2 of the part of the instant shares in the Plaintiff’s land.

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