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(영문) 대구지방법원 2015.04.21 2014가단107229

토지인도

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the size of 920 square meters prior to Simsan-si B, indication 14, 23, 18 of the attached drawing is marked.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 9, 2013, the Plaintiff purchased three lots of 973 square meters, 842 square meters, and 100 square meters, prior to F, from Nonparty G for the purchase price to KRW 1,073,00,000, and completed the registration of ownership transfer on December 11, 2013. The Defendant is the owner who purchased the said three lots of land adjacent to the said three lots of land and completed the registration of ownership transfer as of August 23, 201 after purchasing the said H large 464 square meters and the said H and I land building from the said G on August 17, 2011.

B. On May 28, 2014, which was after the filing of the instant lawsuit, the area of B was divided into two hundred and seventy-four square meters due to the division on October 14, 2014, and the said land was divided into nine hundred and seventy-two square meters prior to the filing of the instant lawsuit, and the said land was divided into nine hundred and seventy-two square meters prior to K, and one hundred and forty-two square meters prior to C, respectively, on December 5, 2014.

(C) At the following time, each of the above sub-divisions shall be addressed in accordance with the final parcel number after the subdivision.

Attached Form

The previous 51m2 was used as the last day of the H-ground building in Busan Metropolitan City, in the cadastral map with the area of 14, 4, 5, 15, 15, and 14m2, which connects each point of 23, 14, 15, 16, 17, and 23 of the drawings, which is located in the same section as the area of 35m2, prior to the previous section of the said drawing, as the area of 51m2, prior to B in the cadastral map, and the part of 92m2, prior to C in the cadastral map, prior to the ownership of the non-party, or the non-party, of the said area.

In other words, fences are installed on the line that connects each point of 18, 23, 14, and 4 of the annexed drawings, and trees were planted on the line that connects each point of 18, 23, 14, 4, 5, 15, 16, 17, and 18 of the same drawings.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 4 (including a satisfy number), appraiser L's survey and appraisal result, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the principal claim, the defendant shall, unless there are special circumstances.