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(영문) 수원지방법원 평택지원 2017.02.15 2016가단1682

손해배상

Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. Attached appraisal shall also be indicated to the Plaintiff (Counterclaim Defendant) on the land listed in attached Table 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The registration for transfer of ownership in the Plaintiff’s name was completed on December 24, 2002, as the Songwon District Court’s registration office for receipt on December 24, 2002, No. 44350, with respect to Pyeongtaek-si D, which was owned by C, was divided into 819 square meters (D large 742 square meters and E large 77 square meters, July 2, 2014; hereinafter “Plaintiff’s land”).

B. The registration of transfer of ownership in the name of the defendant was completed on July 6, 2005, No. 22012, which was received on July 6, 2005, as to each land listed in the separate sheet, F and G (hereinafter “instant land”) in the separate sheet, which was owned by Suwon District Court (hereinafter “the separate sheet”).

C. The Plaintiff’s land and the instant land No. 1 adjoining each of the instant land and the instant land No. 2 and the instant land No. 3. The land adjoining each of the instant land. Of the land No. 1, the attached appraisal No. 29, 30, 31, 32, 33, 8, 9, 29, and 29 are as follows: ① Part 1 of the instant land connected with each of the points indicated in the attached Table No. 29, 30, 32, 25, 27, 22, 27, 37, 38, 39, 40, 18, and 24, the attached Table No. 3 among the land No. 3 is as follows: (i) the attached Table No. 29, 30, 29, 23, 35, 36, 37, 27, and each of the instant land is as part of the instant land, which is connected with the instant land no.

On April 25, 2012, the Plaintiff obtained a building permit to construct a single-story house on the Plaintiff’s land from the head of office having jurisdiction over the branch office, and started construction around that time. On December 19, 2014, the Plaintiff completed the registration of ownership preservation in the Plaintiff’s name regarding the said single-story house.

E. From July 2012, the Defendant installed a steel fence at the entrance and section of the instant road from around July 2012, and left waste materials, etc., but left alone. The Defendant’s provisional disposition prohibiting interference with passage on May 26, 2016.