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(영문) 창원지방법원통영지원 2015.05.12 2014가단8959

공작물철거 등

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1. The plaintiff (Counterclaim defendant) is also an appraisal in attached Form 1,340 square meters of E-source in the city of Gyeongnam-do to the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) F from G on June 7, 1987, the land owned by the Defendant was 77,157 square meters of H-si, Gyeongnam-do (hereinafter “instant land before the instant partition”). In specifying the land, “Seoul-do, Gyeong-do,” “I” is omitted.

(2) On November 16, 1989, the Defendant purchased Ma forest and 330 square meters from F on January 15, 1990 and completed the registration of transfer of ownership on June 8, 1987. On November 16, 1989, 86 square meters was divided into J forest and J forest, 2,655 square meters into K forest, 125 square meters into L forest and 330 square meters into M forest. (2) The Defendant’s fatherO purchased Ma forest and 330 square meters from F on January 15, 1990 and completed the registration of transfer of ownership on January 18, 1990. The above land was converted into N285 square meters on August 19, 196 (hereinafter “Defendant’s land”). The Defendant received from O on February 4, 2014 and completed the registration of transfer of ownership on February 5, 2014.

B. On July 26, 1995, F sold 1/2 of the remaining 73,181 square meters of land remaining after J or M forest was divided, as described in paragraph (1) of the same Article, to P on July 26, 1995. On August 19, 196, F divided the above land into 18,395 square meters of Q forest and land and converted registration into 18,363 square meters of R forest and land. On the same day, on the same day, C divided a total of 566 square meters from R land into S or T forest and divided into 17,797 square meters of land and divided into R orchard and 17,797 square meters of land, and on June 28, 2004, C had been divided into 17,167 square meters of land and divided into R orchard and 17,167 square meters of land from R land.

2) On May 10, 2005, V purchased the entire co-ownership share of 17,167 square meters in U orchard from F and P, and completed the registration of ownership transfer. On December 22, 2005, in U’s land, W orchard 3,400 square meters were divided. 3) The Plaintiffs purchased from V on May 23, 2006 1/3 shares of 1,304 square meters in W out of W land, and on May 30, 2006, the Plaintiffs were divided into Epo-water 1,304 square meters (hereinafter “Plaintiffs’ land”) and completed the registration of ownership transfer in the future.

C. The defendant's possession status of the defendant is the case.