토지인도
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of the land size of 905 square meters in Yangju-si, the attached Form 1 drawings shall be marked 18, 23, 24, 25.
Basic facts (common to main office and counterclaim)
A. On November 2003, the Plaintiff purchased a 952m2 square meters prior to C in Yangju-si owned by F and carried out a plan to construct a factory on the ground.
B. Around November 2003, F requested the Korea Land Information Corporation to conduct a survey on the above land. On November 4, 2003, a cadastral industrial engineer G belonging to the said Corporation prepared a survey result map with the content that the above land is divided into a size of 905 square meters and a size of 47 square meters prior to D in Yangju-si, and F divided the above land on December 18, 200.
C. On December 19, 2003, the Plaintiff completed the procedure for the registration of ownership transfer on the grounds of sale on December 2, 2003 with respect to each of the land partitioned from F on December 19, 2003 (However, on March 11, 2004, the Plaintiff changed the area of 47 square meters prior to the Yangju-si into 47 square meters on the same Ri road; hereinafter “Plaintiff’s land”), and newly constructed a factory on the said land.
On January 11, 2016, the Defendant completed the registration procedure for ownership transfer on December 28, 2015 with respect to E factory site E 2,537 square meters (hereinafter “Defendant’s land”) and its ground factory in Yangju-si.
E. The Plaintiff’s land and the Defendant’s land are adjoining each other.
F. On January 29, 2016, the Plaintiff requested the Korea Land Information Corporation to conduct a survey, and the current status and boundary restoration of the Plaintiff’s land was conducted on January 29, 2016
G. Around April 2016, the Defendant removed part of the factory guard room, entrance, and fence installed on the Defendant’s land, and newly constructed a fence.
H. Meanwhile, a cement block fence (breadth 15cm, length 26.3cm) constructed on the ground connected in sequence 18, 23, 24, 25, 26, and 14 among the annexed drawings among the annexed drawings 18, 23, 24, 25, 26, 26, 14, 15, 16, 17, and 18 in sequence among the annexed drawings 18, 23, 24, 25, 26, 26, 14, 15, 16, 17, and 37 square meters in the ship among the annexed drawings 14, 31, 28, 29, 30, 16, 15, and 14 of the annexed drawings in Yangju-si and D 47 square meters in Yangju-si.