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(영문) 인천지방법원 부천지원 2018.04.26 2015가단2951

토지인도

Text

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

A. Attached appraisal 2 is also indicated among the 1,263m2 of the land for factory in Kimpo-si.

Reasons

1. Facts of recognition;

A. On April 30, 1996, the Plaintiff completed the registration of transfer of ownership on the ground of successful bid on March 30, 1996 with respect to FF factory site 1,263m2 (hereinafter “the Plaintiff’s first land”), G miscellaneous land 331m2 (hereinafter “Plaintiff’s second land”).

B. On March 18, 1984, H acquired the ownership of the I factory site 5,071m2 (hereinafter “Defendant Company 1’s land”) in Kimpo-si adjacent to the Plaintiff 1 and 2, on July 14, 1975, the ownership of the J factory site 853m2 (hereinafter “Defendant Company 2’s land”). On March 18, 1975, H acquired the ownership of K factory site 1,018m2 (hereinafter “Defendant C”) on the land adjacent to the Plaintiff 1 and 2, and completed the registration of preservation of ownership on September 6, 2007 by constructing a new factory on the land (hereinafter “Defendant Company 1’s factory site”) on the Defendant Company 1 and 2, and on the land (hereinafter “Defendant Company 3’s factory”).

B. On December 11, 2006, Defendant B acquired each ownership of the land Nos. 1 and 2 of the Defendant Company from H, and acquired the ownership of the Defendant Company’s factory on October 23, 2007.

C. Around February 11, 2011, the Defendant C (the spouse of H) died and acquired ownership by inheritance of 2/4 shares among the land of the Defendant C, etc., and 1/4 shares among the land of the Defendant C, etc., Defendant D and E (the children of each H).

Defendant C newly constructed a house on the ground of the land of Defendant C and on the ground of the land of Defendant C, respectively, and completed registration of ownership preservation on July 21, 201.

Of the Plaintiff’s land, the Defendant Company: (a) connects each point of the attached Table 1 No. 17, 18, 19, 20, 21, 22, 23, 24, 25, 1, 28, 53, 52, 51, 50, 49, 48, 47, 46, 45, 44, 42, 41, and 17; (b) connects each point of the attached Table No. 17, 18, 19, 20, 21, 23, 24, 25, 25, 28, and 17; (c) connect each part of the Plaintiff’s land No. 2 to the Plaintiff; and (d) connect each point of the attached Table No. 215, 62, 31, 325, 31, and 25.

E. Meanwhile, it is owned by the Defendant Company.