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(영문) 광주지방법원 2018.12.12 2017가단21133

토지인도 등

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1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The Plaintiff (Counterclaim Defendant) transferred to the Defendant (Counterclaim Plaintiff).

Reasons

1. The fact that there is no dispute is owned by the Plaintiff, which is attached Form 1. 71, 2, 3.2, 3.

4. The portion of “B” on the ship, which connects each point of 5, 1, 99, 81, 71 in sequence, is occupied (hereinafter “instant dispute land”).

2. Determination on the main claim

A. According to the above recognition of the Defendant’s duty to deliver land, barring special circumstances, the Defendant, the possessor, should transfer the land in this case to the Plaintiff, the owner, and return the profits accrued from the possession, barring special circumstances.

B. The following facts are recognized as either a dispute between the parties, or as a whole by adding up the whole purport of the pleadings to the testimony of Eul and witness D and E, each of which includes each number.

The instant real estate was originally owned by F, and the registration of ownership transfer was completed to G, a fraudulent person of F, due to the sale on July 21, 1997, and the registration of ownership transfer was completed to the Plaintiff on October 18, 2007.

D Around March 14, 1997, as indicated in Appendix 2. Map No. 2. Around March 14, 1997, the building began to be set up on H large 463 square meters and I large 697 square meters adjacent to the instant real estate, and the same year.

4. 28. 28. Purchasing the instant dispute land from F in order to be used as a place for reclaiming a septic tank.

G prior to acquiring the ownership of the instant real estate, which had been managing the instant real estate owned by the captain, was divided into the instant real estate in accordance with the said sales contract, by piling up posts on the boundary of the instant real estate.

D installed a septic tank on the underground of an separated dispute, and operated a restaurant in a newly constructed building while planting and managing a garden, etc. on the ground.

The defendant was awarded a successful bid for the above building and site owned by D on May 25, 199.

D The father of the defendant around that time.