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(영문) 의정부지방법원 2018.10.18 2018나207312

토지인도

Text

1. The part of the judgment of the first instance against the plaintiff (Counterclaim defendant) shall be revoked.

2.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) In entering land located in D, E, F, and G (hereinafter “U”) in the case of Pakistan, each category and area will be omitted and only parcel number will be indicated.

) The deceased H owned land and the land listed in the annexed Table 1 List (hereinafter “instant land”).

(2) Around January 12, 1998, the network H built a general restaurant building of 78.48 square meters on the ground of D and F land (hereinafter “instant building”) with a written consent from I to use the land relating to 16.5 square meters (J-land side) among the instant land. Around January 12, 1998, the network H built a reinforced concrete structure and a building of 78.48 square meters on the ground of D and F land, and used the part of the instant building located on the front part of the instant building as a passage to the public road.

3) Meanwhile, on the instant land and K land (State-owned land), one-story neighborhood living facilities (office) building (office) with cement block structure 3.82m2m2 owned by I on the ground of the instant land and K land (hereinafter “the instant building”).

) On the ground of K and G land, the provisional building I owned (hereinafter referred to as “instant provisional building”)

) The location of each of the above lands and surrounding lands was as follows. C QG GFK PEDD 4) On March 12, 2008, the Plaintiff purchased each of the instant lands and the instant building and the instant building through the auction procedure on March 12, 2008.

5 Since then, the Plaintiff and the deceased conducted a boundary survey at the joint expense in order to resolve disputes surrounding the building of this case and the passage of the building of this case, which exist on each other’s land.

Then, the Plaintiff proposed that “The part of the instant land and the G land, which is the Plaintiff’s land, should be exchanged so that the instant building and the instant building can be used as the current state, and the part remaining after the exchange should be traded as the current land household.”

The network H rejected the plaintiff's proposal and the building of this case.