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(영문) 의정부지방법원 2021.01.27 2019가단14936

토지인도 등

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1. The plaintiff (Counterclaim defendant) indicated in the attached Form No. 8, 9, 10, 11, 12, 13, among the real estate listed in the attached Form No. 8, 9, 10, 11, 12, 13, and

Reasons

1. Facts of recognition;

A. On April 8, 1975, the Plaintiff completed the registration of transfer of ownership on the real estate listed in the separate sheet (hereinafter “instant land”).

B. On April 26, 1975, the Plaintiff completed the registration of transfer of ownership on the grounds of sale with respect to Blucheon-gun, Gyeonggi-do (hereinafter “instant adjoining land”). On February 23, 1978, the Plaintiff paid the Defendant a donation of adjoining land.

Accordingly, the defendant's damage

3.6. The registration of the transfer of ownership is completed with respect to the land adjacent to this case.

(c)

In this regard, on September 20, 1979, the Defendant constructed a post office building on the adjoining land of this case, and installed a post office fence by impairing the land of this case.

(d)

The area and form of the land of this case that the Defendant invadedd shall be as shown in the attached Form No. 8, 9, 10, 11, 12, 13, 14, 15, and 8 in order to connect each point of which is indicated in the attached Form No. 8, 9, 10, 11, 12, 13, 14, 15, and 25 square meters in part (hereinafter

E. On April 24, 1997, the Plaintiff conducted a survey and appraisal by entrusting a cadastral survey to the Korea Land Information Corporation, but became aware of the fact that the Defendant’s post-office wall occupies part of the instant land.

The plaintiff notified the defendant of the above fact around that time.

F. On June 5, 2014, the Defendant confirmed the fact that the Defendant’s fence occupied part of the instant land owned by the Plaintiff while conducting a survey and appraisal for the expansion and reconstruction of post offices.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 15, 18, 19 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. As to the Plaintiff’s request for extradition, according to the above facts, the Defendant possessed a part of the instant land owned by the Plaintiff, barring special circumstances, the Defendant is obligated to deliver the said part to the Plaintiff.

2) As to the defendant's defense for the completion of the statute of limitations