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(영문) 서울중앙지방법원 2015.07.08 2014나35128
소유권이전등기 등
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of transfer of ownership on January 16, 2008 with respect to 1/2 of the Seongbuk-gu Seoul Metropolitan Government Dambro 164.3m2 (hereinafter “instant land”).

The defendant completed the registration of ownership transfer on February 24, 1984 with respect to the portion of 1/2 of the land of this case.

B. There is a building listed in paragraph 1 of the attached list owned by the Plaintiff on the ground level of the part connected in order to each point of 10, 11, 12, 13, 14, 15, and 10 of the attached sheet indicating the attached sheet No. 16, 17, 18, 19, 20, 21, and 16 of the attached sheet No. 2 of the attached list owned by the Defendant on the ground level.

C. The instant land is part of a ship connected each point of the attached Table 1, 30, 2, 9, 3, 4, 5, 6, 7, and 1. Of the instant land, the portion of the attached Table 1, 30, 29, 26, 26, 8, 7, and 1 (hereinafter “the part of the Plaintiff’s possession”) connected each point of the attached Table 1, 30, 29, 26, 30, 30, 29, 9, and 50 square meters of the part of the Plaintiff’s portion of the attached Table 1 (hereinafter “the part of the Plaintiff’s possession”) connected each point of the attached Table 8, 26, 29, 30, 30, 5, 6, 7, 8, 9, and 3 (hereinafter “the part of the Defendant’s possession”) is the area adjacent to the access road of Seongbuk-gu, Seoul.

[Reasons for Recognition] The absence of dispute, entry and video of Gap 1 through 11 (including a provisional number), the result of the request for surveying and appraisal to the head of Seongbuk-gu Seoul Metropolitan Government Headquarters of the Korea Cadastral Corporation in the first instance court, and the purport of the entire pleadings.

2. The parties' assertion

A. (1) The owner of the instant land, including the Plaintiff and the Defendant, owns the part to be used as the site of each of the instant building from around 1959 when the building was newly constructed on the instant land. However, in registering the transfer of the said part, one half of the co-ownership shares are registered.

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