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(영문) 대구지방법원서부지원 2015.04.21 2014가단20152

토지인도

Text

1. The Plaintiff (Counterclaim Defendant) indicated the attached Form No. 16, 27, 30, 22, 2, among the land size of 426 square meters in Gyeong-gun, Sungbuk-gun, Sungbuk-gun (Counterclaim Plaintiff) to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Facts of recognition

On August 11, 1999, the Plaintiff completed the registration of transfer of ownership with respect to one-fourth of the 1/4 square meters in Sung-gun, Sung-gun, Sung-gun (hereinafter “Plaintiff’s land”). The Defendant purchased D large scale 192 square meters and buildings adjacent to the above land in unregistered state, and completed the registration of transfer under the Defendant’s name on January 22, 1994, as the registration of ownership was completed on January 18, 1994.

The above unregistered buildings purchased by the Defendant are made of wooden and bood soil fences, and two buildings, etc. used in after-school vain (hereinafter “the Defendant building”) and bood soil fences. Among them, the Defendant’s building located between the Plaintiff’s land and the Defendant’s land intrudes the Plaintiff’s land, and the Defendant’s building located between the Plaintiff’s land and the Defendant’s land intrudes on the Plaintiff’s land, thereby using the land as the land for the Defendant’s building (hereinafter “Defendant’s building site”) in turn connected each point of (B) part of the attached Table 16, 27, 28, 29, 30, 26, 24, 23, 22, 21, 20, 19, 18, 17, and 16, and connected each point of (c) part of the above map 27, 28, 29, 30, and 27.

On May 11, 2014, the Defendant removed the Defendant’s building and installed a steel net depending on the boundary between the Plaintiff’s land and the upper part of the said part, excluding the instant dispute land.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 4, 8, 10, Eul evidence Nos. 1, 2, and 5 (including paper numbers; hereinafter the same shall apply), and Eul's appraisal result, the purport of the whole pleadings, and the plaintiff of the plaintiff in the judgment party's assertion as to the purport of the whole pleadings, are occupying the land of this case without permission by the defendant as the principal lawsuit, and the plaintiff is seeking delivery of the land of this case along with the removal of the shower box in the part (B) and the part (c) as the preservation act of the property. The defendant's possession of the land of this case against the counterclaim is the possession of the land of this case.