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(영문) 대구지방법원 2016.08.11 2015나19115
토지인도등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit are dismissed.

2.The change in exchange at the time of the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer based on the sale on December 18, 1996, No. 13857, which was received on December 18, 1996, and December 17, 1996.2) The Plaintiff merged the instant real estate into Seoul Special Measures Act (amended by Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”) based on the former Act on Special Measures for the Registration, etc. of Ownership (amended by Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”).

3) The instant real estate is the land in which 325 square meters and the instant disputed land were combined. (B) The Defendants’ possession history 1) F completed the registration of transfer of ownership based on the sale on August 31, 1981, receipt of No. 17636, No. 17636, Oct. 5, 1973, with respect to the 268 square meters adjacent to the instant real estate (hereinafter “instant adjacent land”).

2) After I died on June 14, 2007, receipt No. 7333 of receipt on February 10, 1985, H and I completed the registration of ownership transfer due to the sale and purchase of each of the adjoining land of this case. 3) Defendant B completed the registration of ownership transfer due to inheritance due to the consultation and division as of August 2, 2012, receipt No. 8010 of receipt on August 2, 2012, the Seoul District Court, Ulsan District Court, on July 25, 2012.

4) Defendant C completed the registration of ownership transfer on June 19, 2014, No. 5635, which was received on June 19, 2014, as to H share 1/2 among the adjoining land of this case, based on the sale and purchase on June 19, 2014. 5) Defendant B, among the instant real estate, indicated in the Appendix No. 8, 4, 5, 6, 14, 10, 9, and 8.

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