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(영문) 수원지방법원 2017.09.28 2016나67424

토지인도

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) and Defendant C are dismissed.

2. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) and the Defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 1, 201, 201, the Plaintiff is deemed to have owned a parcel of land (hereinafter “instant land”). The Plaintiff is deemed to have owned a parcel of land 542 square meters (hereinafter “instant land”).

(2) The ownership of the instant land was acquired. 2) Between the instant land No. 1 and E, 1992 square meters (hereinafter “the instant land No. 2 before the annexation”). However, the instant land No. 4 was merged into the instant land No. 2 before the annexation on Nov. 19, 1996, and the said land was partially divided into E large 1605 square meters (hereinafter “instant land”).

The land No. 2 is connected to the land No. 1 of this case.

3) On August 24, 1987, H acquired the ownership of the instant land, and completed the registration of ownership transfer based on the exchange contract with Defendant C and I on November 7, 1996. After the merger of the instant land No. 4, Defendant C acquired the private ownership of the instant land on December 4, 1996, but donated the instant land No. 2 and the building on April 30, 2015 to Defendant B, ASEAN, who was ASEAN, on April 30, 2015. Accordingly, Defendant B completed the registration of ownership transfer on the said land and building on May 6, 2015 (hereinafter “instant land No. 3”). On the other hand, J sold the said land to Defendant B on May 21, 2015 and completed the registration of ownership transfer. < Amended by Act No. 3794, Apr. 1, 1987; Act No. 13581, Apr. 21, 2015>

B. The current status of the land No. 1 and the land No. 2 and 3 of this case are installed with a retaining wall between the land No. 1 of this case and the land No. 2 and the land No. 3 of this case, and the retaining wall of this case are installed on the inside of the land No. 1 of this case, not with the boundary of the above land (attached Form 1, No. 11, 10, 9, 8, 7, and 6 successively connected each point) (attached Table 1 appraisal also connects each point of No. 12 through 18).