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(영문) 수원지방법원여주지원 2016.05.31 2014가단34166

토지인도

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is a ground structure on the land indicated in the separate sheet, No. 1, and a wooden structure.

Reasons

1. Basic facts

A. The registration of preservation of ownership was completed in the future of the network D with respect to the land of 1068 square meters (hereinafter “land before subdivision”) in Gyeyang-gun, Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do,

B. The registration of ownership transfer was completed on September 5, 1966 with respect to the pre-divisiond land by the deceased D's children and the defendant's deceased E et al. and seven persons, who are the defendant's deceased land, on September 5, 1966. On November 9, 1968, the registration of ownership transfer was completed on September 19, 1968, for the reason of sale on September 19, 1968, as well as for the deceased G, the plaintiff's husband.

C. On December 24, 1996, the registration of ownership transfer was completed on the land before subdivision due to the donation from the Plaintiff on December 13, 1996. D.

The land before subdivision was divided into the land indicated in the attached list (hereinafter “instant land”) on June 5, 2015 and the land before subdivision was divided into 47 square meters at the Gyeonggi-gun H. H.

The Plaintiff is the owner of the instant land as of the closing date.

E. On December 28, 2006, the deceased E’s husband and the deceased I, the Defendant’s husband, completed the registration of preservation of ownership as to the wooden structure 1 of the instant land and the 60.96 square meters of a single-story housing (hereinafter “the instant building”).

F. On March 4, 2014, the Defendant completed the registration of ownership transfer on the instant building due to inheritance by agreement and division as of September 21, 2013.

사. 피고는 변론종결일 현재 이 사건 토지 지상에 위치한 이 사건 건물, 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㄱ의 각 점을 순차로 연결한 선내 (나)부분 테라스 44㎡(이하 ‘이 사건 테라스’라 한다), 같은 도면 표시 ㅇ, ㅈ, ㅊ, ㅋ, ㅇ의 각 점을 순차로 연결한 선내 (다)부분 컨테이너 18㎡(이하 ‘이 사건 컨테이너’라 한다)의 각 소유자로서, 같은 도면 표시 11, 12, 13, 14, 15, 11의 각 점을 순차로 연결한 선내 (가)부분 453㎡(이하 ‘이 사건 토지점유부분’이라 한다)을 점유ㆍ사용하고 있다.

[Reasons for Recognition] Unsatisfy, Gap's 4, 5, 8, 14.