logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.09.21 2015가단127601
소유권이전등기
Text

1. The defendant C indicated in the attached Form No. 3, 7, 8, 9, 10, 5, 4, and 3 among the land size of the wife population D 987 square meters in the case of the plaintiff.

Reasons

1. Basic facts

A. With respect to the ownership of 991.74/13,030 and above F-ground buildings (hereinafter referred to as the “instant building”) among the 12,436 square meters of forest land E in Permitted-si, the transfer registration for ownership based on the sale on February 25, 1994 in the name of G on March 22, 1994, the transfer registration for ownership based on the sale on July 11, 201 under the name of Defendant C was completed on July 20, 201, and the transfer registration for ownership based on the sale on July 30, 201 under the name of the Plaintiff on July 31, 2014.

B. As to the land size D, the wife population D 987 square meters adjacent to the instant building, the ownership transfer registration based on the sale on September 20, 1989 under the name of H on October 4, 1989, and the ownership transfer registration based on the sale on October 1, 2013 under the name of the Defendant on November 28, 2013, respectively, was completed.

C. Of the land size of 987 square meters in the annexed sheet Nos. 3, 7, 8, 9, 10, 5, 4, and 3 among the land size 987 square meters of the wife population D shall be used as part of the land of the building of this case, the part of 156 square meters in the ship (hereinafter “the land occupied of this case”) which connects each point in sequence.

On April 28, 2015, Defendant C and the Plaintiff drafted a sales contract stating that Defendant C would sell the share of the instant possession to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, result of appraiser I's measurement and appraisal, purport of the whole pleadings

2. As to the determination of the claim against Defendant C, it is deemed that the Plaintiff made a confession on April 28, 2015, on the grounds that Defendant C purchased the occupied part of the instant case from Defendant C, without explicitly disputing it.

Therefore, Defendant C is obligated to implement the registration procedure for ownership transfer for the part in possession of the instant case to the Plaintiff on April 28, 2015.

3. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion G had been occupied and used as part of the site of the instant building by starting possession of the instant part in peace and performance with intent to own from March 22, 1994.

arrow