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(영문) 제주지방법원 2018.07.17 2018가단51425

토지인도

Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. Attached Form 1 is indicated on the Plaintiff (Counterclaim Defendant) in attached Form 1, among the area of 378 square meters in Seopopo-si I, Seopo-si.

Reasons

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

1. Basic facts

A. On October 7, 1960, the deceased A, the Plaintiff F, and the deceased J, the father of G, purchased K forest land of 1,914 square meters (the land category was changed to orchard on April 7, 2005; hereinafter “K land”) and completed the registration of ownership transfer on October 26, 1971.

B. On April 7, 2005, L, the deceased J’s spouse, completed the registration of transfer of ownership on the land on the ground of inheritance by consultation and division on May 29, 1996. On February 25, 2011, L, the deceased on April 11, 201 (the deceased on April 11, 2018 during which the lawsuit in this case was pending and taken over the lawsuit by Plaintiff C, D, E, the spouse of the deceased) and Plaintiff F, and G on March 3, 2011 and completed the registration of transfer of ownership with respect to each of the above land on March 3, 201.

C. On November 22, 2017, the Plaintiffs’ land was divided from K’s land.

On February 3, 1957, the Defendant purchased 1,023 square meters (the land category was changed to a orchard on September 12, 2017) prior to Seopopo City M (hereinafter “M land”) and completed the registration of ownership transfer on October 16, 1971.

E. On October 16, 1971, Nanpo-si, Seopo-si, Seopo-si, Nanpo-si, 373 square meters (the current area is 357 square meters on the register following additional division and merger; hereinafter “Defendant’s land”).

Since then, the defendant newly constructed a house (72.03 square meters on the building ledger) and a storage house (49.95 square meters) on the ground of the N-owned land divided as above, and obtained approval for use on May 23, 1975, and completed registration for preservation of ownership on January 14, 1977.

(F) The Defendant’s land and the Plaintiffs’ land are adjoining each other, and part of the instant building was constructed in a state where the Plaintiffs’ land was invaded.

(Specific situation is the same as the indication of each annexed drawing). [The present situation is the same as the indication of each annexed drawing.] [The present situation is the basis for recognition] without any dispute, Gap evidence 1 through 8 (including those with a serial number; hereinafter the same shall apply), Eul evidence 1 through 10, appraiser O, and P's each appraisal result, respectively.