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(영문) 의정부지방법원 2018.11.23 2016가단34212

토지인도 등

Text

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

A. Of the 235 square meters in Gu Government-si, the attached Form 1, 2, 10, 9, 9.

Reasons

1. Basic facts

A. On July 1, 2003, the Plaintiff purchased a house of c. C. 235 square meters (hereinafter “instant land”) and a house of saves on the ground and saves 2, and completed the registration of ownership transfer on July 31, 2003.

After that, on July 10, 2012, the Plaintiff removed the above second floor house and newly constructed the apartment house (urban residential housing), and completed the registration of ownership preservation on June 19, 2013.

B. 1) On October 8, 1990, F is the land adjacent to the instant land from G to the Government of Dong-si, Dong-si, the Government adjacent to the instant land (hereinafter “instant adjacent land”).

(2) The building of this case (hereinafter referred to as “the building of this case”) and 44.79 square meters of a single-story residential house, mentor and ground mentor.

(2) D) purchased the adjoining land and buildings of this case from F on December 10, 2004 and completed the registration of ownership transfer on January 10, 2005.

3) Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) is the Defendant

A) On October 28, 2014, the Plaintiff purchased the adjoining land and buildings of this case from D and completed the registration of ownership transfer on November 6, 2014. C. Of the instant land, the fence (hereinafter “instant fence”) is the line connected in sequence to each point of the attached drawing Nos. 10, 9, 8, and 7.

) There is a set up. The portion of “a” portion of 14 square meters in the ship (hereinafter “instant dispute”) connected in sequence with each point of the attached Form 1, 2, 10, 9, 8, 7, and 1. The portion of “a” is referred to as “a” in this case.

Of them, the left part (9, 8, 7, and 1 parts) includes the extension of the building of this case, and the part of the dispute of this case is being used as the site of the building of this case. D. Meanwhile, the land of this case and adjacent land are designated as the area for the redevelopment project of housing of this case and are expected to be transferred the ownership of the housing of this case to the Housing Redevelopment Improvement Project Association. [Grounds for recognition] The dispute is not dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 1, 2, 4, 6 (including the number of pages; hereinafter the same shall apply).

each entry, the result of the appraiser I's survey and appraisal, the purport of the whole pleadings

2. Determination on the main claim

A. The above facts of recognition.