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(영문) 의정부지방법원 2015.12.09 2015가합2987

토지인도

Text

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

A. Of the land listed in the attached list 1, indication 19,20,8.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

With respect to the area of 1,141 square meters in Namyang-si, Namyang-si, the registration of transfer of ownership in F on May 17, 1963, the registration of transfer of ownership in G on December 21, 1983, the registration of transfer of ownership in H on December 8, 1986, and the registration of transfer of ownership in G on July 29, 192 (the cause of registration: the exchange on July 10, 1992) was completed.

On May 22, 2001, the area of 1,141 square meters prior to E was divided into 564 square meters prior to the same parcel number and 577 square meters prior to I. The area of 1,829 square meters prior to J in Yangyang-si was divided into 316 square meters prior to the same parcel number and 1,086 square meters prior to K on October 16, 2006.

On December 8, 2006, the Plaintiff purchased from G on December 8, 2006 the area of 564 square meters and the area of 1,086 square meters and completed the registration of ownership transfer on December 20, 206.

On June 19, 2012, the area of 564 square meters before Namyang-si was divided into 1 and 2 land listed in the attached Table on June 19, 2012, and the area of 1,086 square meters before K was divided into 3 land listed in the attached Table on June 19, 2012 and 769 square meters before L.

피고는 1998년경 주문 제1항 기재 ㉠, ㉡, ㉢ 각 토지(이하 ‘이 사건 ㉠, ㉡, ㉢ 각 토지’라 한다) 지상을 콘크리트로 타설한 후 그 지상에 주문 제1항 기재 ㉣ 부분 화장실(이하 ‘이 사건 화장실’이라 한다) 등 지장물을 설치하였고, 이 사건 변론종결일 현재까지 이를 각 점유하면서 화장실, 주차장 등의 용도로 사용하고 있다.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 9, Eul evidence Nos. 2 through 4, and 6 (including a serial number; hereinafter the same shall apply), the result of appraiser M’s measurement and appraisal, and based on the above basic facts, the whole purport of the pleading is to remove obstacles and claim for delivery of land. Thus, unless there are special circumstances, the defendant who occupies each land within the scope of the court of this case’s < Amended by Act No. 1378, Dec. 31, 200>