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(영문) 대전지방법원서산지원 2016.11.30 2016가단52274
소유권확인
Text

1. It is confirmed that the underground well in the 2315 square meters of forests and fields C in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun is owned by the Plaintiff.

2. The defendant shall set forth in paragraph (1).

Reasons

1. Basic facts

A. From October 6, 1982, the Defendant owned 4446 square meters of D forest land (hereinafter referred to as “real estate location”) in Taenam-gun, Chungcheongnam-gun, Chungcheongnam-do. On July 17, 2008, the Defendant sold the said forest land to E and completed the registration of transfer of ownership.

B. On August 8, 2008, E divided the said forest into D forest land 2131 square meters and C forest land 2315 square meters. D forest land 2131 square meters were sold to F on August 8, 2008, and C forest land 2315 square meters (hereinafter “instant forest”) sold to the Plaintiff on August 18, 2008 and completed each registration for transfer of ownership.

C. At the underground level of the forest land of this case, the pipe (hereinafter “instant pipe”) was laid underground, and even after the forest land of this case was sold to E and the Plaintiff, the Defendant continued to use the pipe of this case, and was supplied with water by installing a water pumping machine in the pipe.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, 7, Eul evidence Nos. 1, 2, 3, 4, and 5, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s forest land is owned by the Plaintiff, and the instant forest land is owned by the Plaintiff as an accessory to the instant forest land.

B. The Defendant sold 446 square meters of D forest land before subdivision to Defendant E, and excluded this case from the subject matter of sale, and the Plaintiff purchased only the forest land of this case except the instant tolerance from E.

Since 2008, the Defendant continued to use the official title of this case for the purpose of using the official title after selling forest land to E, and the official title of this case is owned by the Defendant.

3. Compliance with judgments shall include cases where, without damage, it cannot be separated without excessive cost, or where, if it is separated, it substantially reduces the economic value, and the cause of the compliance includes cases in which it is artificial.

(See Supreme Court Decision 4294No445 delivered on January 31, 1962). When a real estate attached to another person’s real estate attached with a legitimate title, the other person shall be deemed to have attached thereto.

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