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(영문) 전주지방법원남원지원 2017.05.24 2015가단2097

토지인도

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Attached Form 1, 2, 3.3. Of the area of 963 square meters in Jeonbuk-gun, Jeonbuk-gun C, 1, 2, 3.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Determination as to a claim for removal of ground and delivery of land

A. Facts of recognition 1) Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”)

2) The term “Plaintiff-owned land” means the land owned by the Plaintiff (hereinafter “Plaintiff-owned land”).

Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) is the owner of the land.

) The Plaintiff’s land is D large 997 square meters and E large 333 square meters (hereinafter “Defendant’s land”) adjacent to the Plaintiff’s land.

(2) The Defendant is the owner of the land owned by the Defendant. 2) The Defendant installed and used a parking lot on the ground of the above land while operating the telecom in the land owned by the Defendant. A part of the pental facilities of the said parking lot is installed by breaking up the part (a) in the ship connected with each point of the Plaintiff’s land owned by the Plaintiff, which is located in the order of 30 square meters (hereinafter “Defendant bed land”).

3) Meanwhile, the Plaintiff operated a restaurant on the ground of the Plaintiff’s land. The Plaintiff’s purification tank installed under the ground connected each point of the attached Table 20, 21, 22, 23, 24, 25, 3, 26, 27, 28, 29, 30, 31, 32, and 33 of the same map, and the portion of the land owned by the Plaintiff, which is 4, 35, 36, 37, 42, 43, and 444 of the same map, are connected each point of which, in sequence, 20 square meters in the ship’s land owned by the Defendant, are connected each point of which is 8 square meters, 33, 34, 35, 34, 35, 37, 42, 43, and 200 square meters in sequence, among the land owned by the Defendant.

A. is established under the underground of the court. [In the absence of a dispute over the grounds for recognition, Gap evidence 1 through 5, Eul evidence 1, each of the records in this court's entrustment of appraisal to the officer and the officer and the officer in charge of the Korea Land Information Corporation, the purport of the whole pleadings.]

B. According to the above facts of recognition, unless there are special circumstances, ① the Defendant removed the parking lot tea facilities installed on the ground of the Defendant bed land, and Defendant bed against the Defendant.