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1. The Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) B, removed the real estate stated in attached Form No. 2, and attached Form.
Reasons
1. Basic facts
A. D has completed the registration procedure for transfer of ownership on the ground of the decision to grant a successful bid on November 29, 1969, No. 7204 of the Daegu District Court Kimcheon-si, Kimcheon-si, 687 (hereinafter “E land before subdivision”).
B. On December 19, 1969, D divided the land E prior to the subdivision into E large 793 square meters, F large 278 square meters (hereinafter “F land”), real estate listed in paragraph (1) of the attached Table (hereinafter “instant land”), G large 456 square meters, and H large 218 square meters.
C. I completed the registration of ownership transfer pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter “Special Measures Act”) on August 10, 1972 with the receipt of No. 3910, August 29, 1981 with respect to the instant land by the Daegu District Court Kim Jong-cheon Branch of the Daegu District Court Kimcheon, which was received on August 29, 1981.
Defendant B and J completed the registration of ownership transfer based on the purchase and sale on December 2, 1992, No. 20077, which was received on December 11, 1992, with respect to each one-half of the F land among the F land.
E. As to the instant land, the Plaintiff completed the registration of transfer of ownership on the ground of a donation made by the Daegu District Court Kimcheon-dong on May 21, 1997, No. 11018, May 9, 1997.
F. Defendant B owns a building listed in paragraph (2) of the attached Table on the instant land, and Defendant C resides in the part (A) that connects each point of the attached Form Nos. 1, 2, 3, 4, 5, 6, and 1 in sequence, and is located in the part (a) and 69 square meters (hereinafter “the part (a)”).
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 4, Eul evidence 1-5 (including each number, if any) and the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion is the owner of the instant land. Defendant B owned the instant building on the instant land without any title, and Defendant C leased and occupied the (A) portion of the instant building from Defendant B.
Therefore, the Plaintiff is entitled to ownership of the instant land.