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(영문) 대구지방법원안동지원 2020.07.01 2019가단21279

토지인도

Text

1. The plaintiff (Counterclaim defendant) A and B's main claim and the defendant (Counterclaim plaintiff) C's counterclaim are dismissed.

2...

Reasons

1. Basic facts

A. (1) On October 6, 201, Defendant D completed the registration of ownership transfer with respect to the ownership of the relevant land (hereinafter “instant F land”) of the FY 397 square meters (hereinafter “instant F land”). On October 25, 2018, Defendant C, a spouse, completed the registration of ownership transfer in the future.

(2) On July 28, 1995, Defendant C completed the registration of transfer of ownership with respect to the GJG G G G G GY 658 square meters around 28, 1995.

On July 18, 2018, the said land was divided into the G land of large 340 square meters in G (hereinafter “instant G land”) and H large 318 square meters in size. Defendant C completed the registration of ownership transfer with respect to the said H land on July 30, 2018.

(3) On May 20, 2014, Plaintiff A completed the registration of ownership transfer on May 22, 2014, with respect to the land of which 655 square meters (hereinafter “instant E”) was completed on the grounds of sale and purchase conducted on May 20, 2014. On July 4, 2017, Plaintiff A completed the registration of ownership transfer with respect to 1/2 shares of the instant land.

(4) The location of each of the above lands is as follows:

E F G H I

B. (1) Around May 2013, Defendant C newly built a detached house of the second floor above on the instant F and G land.

(2) On December 2014, Plaintiff A newly built the instant second floor detached housing (hereinafter “instant E-ground housing”) on the instant land.

(3) The instant land E was built with the area of 2m2,00 square meters on the ship, which was successively connected with each point of Annex 10, 11, 12, 13, and 10 out of the instant F land by the female portion of the instant land.

(4) On October 2015, Plaintiff A installed a fence on the boundary between the instant land and the instant E and the instant F and G land.

In the process, with respect to the boundary line connecting each point of Attached 1, 4, 5, and 6, the fence was not installed as to the boundary line, and the fence was installed on the line connecting each point of Attached 1, 4, and 6, which affected the land of this case, and the part of the boundary line connecting each point of Attached 3, 1, and 8, in sequence, shall be as indicated in Attached 1, 2.