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(영문) 대구지방법원김천지원 2016.06.02 2014가단12719

토지인도 등

Text

1. The Plaintiff (Counterclaim Defendant) is marked with the attached Table 9 through 19, 9, among the land size of 443 square meters in the Gu-si Seoul Special Metropolitan City Co., Ltd. to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. After completing ownership registration with respect to the land indicated in the order of June 29, 1946, March 15, 1985 (Sale) and January 27, 1992, the Plaintiff received the transfer of ownership registration on July 22, 2013 by inheritance on April 28, 2013.

B. On February 7, 1967 with respect to the southwest of the above land, G-si 134 square meters (hereinafter “the adjoining land of this case”) attached to the above land, the Defendant completed the registration of ownership in order of H (Preservation) and I (Sale on October 5, 1975) on June 24, 1994, and received the registration of ownership on May 15, 1998 by the Defendant on May 2, 198. < Amended by Act No. 5535, May 15, 1998>

C. The part of the text of the land indicated in the order (hereinafter “instant dispute”) is currently occupied by the Defendant as a part of the site on the adjoining land of this case.

[Reasons for Recognition] A.1, 2, 4, 8, 1, 7, 8, 9, the result of the survey and appraisal conducted by this court, the purport of the whole pleadings.

2. Both claims;

A. As a result of the boundary restoration survey on June 13, 2013 (A9), the Defendant: (a) invadedd the part of the purport of the claim among the land indicated in the order of the Plaintiff’s ownership; and (b) opened the fence on the connecting line, in sequence, in which each point specified in attached Form 1 through 3, is stored on the connecting line; and (c) occupied the part of the claim in the inside thereof as a garden, the Defendant is obligated to remove the said fence and deliver the said part of the land to the Plaintiff.

B. On October 5, 1975, the plaintiff's mother-child I purchased the adjacent land and the house on the land of this case from H, in fact, through several persons, and began to occupy the part on the dispute of this case, and thereafter, he was installed at the present location, and he was aware of it as the site of this case. The defendant also occupied the above land and building from I on May 2, 1998 after purchasing the above land and building from I on May 2, 1998. Thus, the plaintiff takes the procedure for the registration of ownership transfer on the ground of the completion of the prescription period for the part on the dispute of this case.