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(영문) 서울고등법원 2017.10.31 2016나2064785

토지인도

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1. Revocation of the first instance judgment.

2. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

3. The plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. The Plaintiff (1) owns the ownership status of the pertinent real estate (hereinafter “the Plaintiff”) and KRW 1,622 square meters (hereinafter “instant land”). The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) B and the Defendant C own 1/2 shares of each of the 1,03 square meters (hereinafter “the instant adjacent land”) adjacent to the instant land, Pyeongtaek-si E-si, and the Plaintiff owns 1/2 shares of each of the instant adjacent land.

(2) Defendant B and Defendant C own 1/2 shares each of the instant building and the instant building (hereinafter “instant building”) on the ground of the instant adjacent land, 187.20 square meters and 25.02 square meters and 25.02 square meters and 1/2 shares each of the instant adjacent land.

B. The current status of the wall of this case and the building adjacent to the instant land are (1) installed a fence (hereinafter “the wall of this case”) in parallel at intervals of facing each other with the building adjacent to the instant case and at a certain distance between the instant land and the instant adjacent land, and this is consistent with the line connected to the 3 and 4 on the display of the separate drawing.

(2) Among the instant land owned by the Plaintiff, the instant building is installed in the entire area of 20 square meters in part (A) part (hereinafter “instant part of the land”) connected with each point of 1, 2, 4, 5, 100 square meters in sequence among the instant land owned by the Plaintiff, and the line connecting 4, 5 with the indication of the attached drawing is connected to the wall of this case with the wall of this case as the retaining wall of this case.

C. (1) The actual possession status (1) Defendant B and Defendant C occupy and use the land of this case among the instant land owned by the Plaintiff as the site for the instant building itself, and the land of this case is occupied and used as the land of the instant adjacent building by occupying and using the portion of 65 square meters in the ship (hereinafter “the instant portion of land”) (hereinafter “instant portion of land”) connected each of the items in sequence between the instant adjacent building and the wall of this case, which is the space between the instant building and the wall of this case.

(2) Defendant D is the instant case.