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(영문) 제주지방법원 2016.06.07 2014가단14244
토지인도
Text

1. The Plaintiff (Counterclaim Defendant) indicated the attached Form No. 12, 5, 6, and 12 among the area of 26 square meters in Jeju-si Road C, respectively, to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On January 9, 1934, the registration of transfer of ownership in the name of E was completed on the grounds of sale on January 9, 1934 with respect to the land of 26 square meters and 20 square meters for C-road and D-road (hereinafter “each of the instant lands”) in Jeju-si, and the registration of transfer of ownership in the name of the Plaintiff was completed on June 3, 2014.

B. On December 20, 1971, F purchased G forest land adjacent to each of the instant lands from E (hereinafter “G land before partition”) and completed the registration of ownership transfer with respect to the said land. On November 15, 1977, F changed the land category of the said land into an orchard. On October 29, 1997, F divided the said land into G orchard 828 square meters (hereinafter “divided G land”) and H orchard 1,198 square meters.

C. I purchased G land divided from F and completed the registration of ownership transfer on October 30, 1997, and completed the registration of ownership transfer on the above land. On April 22, 1998, I changed the land category of the above land to the site, and completed the registration of ownership preservation on May 25, 1998 by constructing a child-care center building on the ground.

The Defendant purchased G land divided from I and its ground childcare center buildings on February 28, 2006, and completed the registration of ownership transfer on the above land and buildings on February 28, 2006. In addition to G land divided into the steel fence installed within the outer boundary of the building of a childcare center, it includes the portion of 17 square meters in the ship (hereinafter “each part of each of the instant land”) which connects each of the points of (b) part of each of the instant land in sequence 2, 3, 4, 5, 12, and 2 square meters of the map as shown in the attached Table No. 12, 5, 6, and 12.

【Unfounded-founded-founded-Appellants 1 through 5, Eul’s evidence 1 through 6, Eul’s evidence 14 (each number omitted), the result of the on-site inspection by this court, the result of the appraiser J’s survey and appraisal, and the purport of the whole pleadings

2. According to the above facts of recognition as to the main claim, the defendant has no legitimate title to possess each part of the land of this case.

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