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(영문) 광주지방법원 2016.11.30 2015가단35626

토지인도

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1. The Defendant (Counterclaim Plaintiff) B and the Defendant C Interlock Association shall be attached to the Plaintiff (Counterclaim Defendant) out of attached Form 1, 739 square meters of forest land D in the Jeonnam-gun.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an owner of land of 7339m2 (hereinafter “Plaintiff’s land”).

Plaintiff

Land was originally part of F forest land 94512 square meters, but was divided into E forest land 10910 square meters on July 23, 2003, E forest land 10278 square meters on February 16, 2012, and Plaintiff land on March 22, 2016.

Plaintiff

On August 13, 1974, Honam District Development Co., Ltd., June 30, 201, G on July 12, 2001, and June 19, 2003, H, Dae-production Co., Ltd., Ltd., Ltd., on August 18, 2003, I on March 30, 204, and October 7, 201, each of the Plaintiff’s names was registered for transfer of ownership in succession. < Amended by Presidential Decree No. 18173, Oct. 7, 201>

Defendant B purchased a J site 3487 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”) and completed the registration of ownership transfer on December 7, 1993, and the registration of ownership transfer was completed on October 29, 2009 with respect to the shares of 174/3487 out of the Defendant’s land.

B. Around June 16, 1977, Honam District Development Co., Ltd., which had been the owner of the Plaintiff and the Defendant’s land, constructed a number of Dongs in the Defendant’s land for the purpose of the use of a mine mine accommodation, etc., the Defendant’s land was flat and installed a drainage channel around the Defendant’s land.

On December 7, 1993, Defendant B used the part adjoining the Plaintiff’s land as a church facility after acquiring the Defendant’s land. Among them, the part adjoining the Plaintiff’s land is used as a parking lot or a mail. Around 2003, the Plaintiff’s land, with a height of approximately KRW 140 cm and a steel network fence, etc. installed on the line connecting each point of the Plaintiff’s land, 5, 4, 5, 5, 3, 5, 25, 8, and 125 m2 (hereinafter “the land occupied in this case”).

Plaintiff

On the line that connects each point of Attached 2, 3, 4, and 5 among land, the drainage channel installed in the past is located.

[Ground of recognition] Unstrifed facts, Gap 1, 2, 5 evidence, Eul 1-8 evidence (including each number), and