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(영문) 인천지방법원 2020.01.16 2019나272

토지인도 등

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1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) shall be the Plaintiff-Counterclaim Defendant, and (1) attached Form 1.

Reasons

1. Facts of recognition;

A. On April 19, 2004, the Plaintiff completed the registration of ownership transfer with respect to each land listed in the separate sheet No. 1 (hereinafter “each land of this case”).

B. On March 22, 2005, Defendant C completed the registration of ownership transfer due to inheritance by agreement and division on December 1, 1979, with respect to the 684 square meters of land adjacent to each of the instant lands in Kimpo-si, Kimpo-si, Kimpo-si (a name of more than Myeon is omitted when indicating land from the next to the next) and the 421 square meters of land prior to F.

Defendant D, the births of Defendant C, completed the registration of ownership transfer on the ground of a donation made on December 27, 2016, with respect to 421 square meters before F on December 30, 2016.

C. Around October 20, 2016, Defendant D installed a steel product fence (hereinafter “the past fence of this case”) on the line connecting each point of the instant land in the order of indication 7, 6, 10, 17, and 14 of the Map No. 2 among the instant land. Around that time, Defendant D installed one steel product fence (hereinafter “the instant steel product fence”) on the line connecting each point of the said map No. 3 and No. 310 square meters in sequence among the map No. 170 square meters in G road and H road No. 310 square meters in order to connect each point of the said map No. 3 and No. 310 square meters.

Of the land listed in paragraph (1) of the attached Table 1 list (hereinafter referred to as “instant land”) the land listed in paragraph (2) of the same Table as 90 square meters and the land listed in paragraph (2) of the same Table (hereinafter referred to as “the land listed in paragraph (2) of the same Table among the land listed in paragraph (1) of the attached Table 1 (hereinafter referred to as “instant land”) that connects each point of 14, 15, 16, 8, 9, 10, 17, 7, 8, 9, 1000,000 won in total from October 20, 2016 to October 5, 2018.

At the time of October 5, 2018, monthly rent is KRW 46,00 for Section 1, and KRW 38,00 for Section 38,00 for Section 2.

E. Around January 13, 2019, Defendant D removed part of the fences of the past of the instant case, and some of them are installed in addition, and at present, b, 14, 15, and 16 of the Map 3.