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(영문) 수원지방법원 2015.07.16 2013나50487

토지인도 등

Text

1. All appeals filed by the plaintiffs are dismissed.

2. On the basis of the conjunctive claim added at the trial, the Defendant.

Reasons

1. The court of first instance rendered a judgment dismissing all of the counterclaim claims against the Defendant (Counterclaim Plaintiff) D in the first instance trial, which became final and conclusive as the Defendant (Counterclaim Plaintiff) D did not appeal, and the part of the counterclaim claims is not transferred to the appellate trial.

However, since the court of first instance granted a case number on the part of the counterclaim claim against the plaintiffs of the defendant (Counterclaim plaintiff) in the court of first instance due to mistake, the case number column in the court of first instance is indicated in order to deal with the case with which the case number has been granted, but this part has already been completed and no longer existed, so the court of first instance shall judge only the claim between the plaintiffs and the defendant

2. Facts of recognition;

A. On May 10, 1980, J, the mother of the plaintiffs, as the mother of the plaintiffs, purchased the forest land of this case from D, the co-defendant of the first instance trial (Counterclaim Plaintiff), and completed the registration of ownership transfer on May 13, 1980. (2) On July 3, 1999, J completed the registration of ownership transfer on July 1, 199 with respect to shares of 1/3 of the forest land of this case to the plaintiffs on July 1, 1999.

B. 1) Of the instant forests and fields, installation, etc. of the deceased K’s grave, the part (Ma) in the ship connecting each point of the attached Form 1, No. 46, 47, 48, 49, 50, 51, and 46, among the instant forests and fields (hereinafter “instant grave base”).

(3) On the ground of the above K’s grave (the death of May 9, 1981, hereinafter “instant grave”) is deemed to be one grave of the said K.

(2) The Defendant has the authority to protect and manage the instant grave as a manager of the instant grave.

[Ground of recognition] The facts without dispute, Gap evidence 1, Eul evidence 2, each entry of Gap evidence 3, 4, and 8, Gap evidence 3, 4, and 8 (including branch numbers, if any; hereinafter the same shall apply), the result of the court of first instance commissioning the measurement and appraisal of appraiser M with appraiser M, and the result of the whole pleadings.