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(영문) 수원지방법원 2017.11.23 2016가단526854
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The attached appraisal map 1 and 1. of the land of 524m2 of the C site in Sungsung-si

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The E BJ 540 square meters (hereinafter “land before subdivision”) was registered as F, and the registration of ownership transfer was completed in the Plaintiff’s father’s name on September 24, 1962 with respect to the land before subdivision on the same day.

B. On December 27, 1972, the land before subdivision was divided into the H 62 square meters (hereinafter “H land”), I 241 square meters (hereinafter “I ”), J 291 square meters (hereinafter “J 291”); D 317 square meters (hereinafter “D land before subdivision”); for H land, the registration of transfer of ownership in the name of K arising from sale on December 26, 1972; for J 10 square meters (hereinafter “J land”); for J land, the registration of transfer of ownership in the name of L arising from sale on December 10, 1972 was completed on December 27, 1972; on the other hand, for land before subdivision, the ownership registration remains in the name of G after subdivision; and on the other hand, on December 17, 1974, the ownership registration was completed on July 12, 1974.

After that, on January 18, 2013, the registration of transfer of ownership in the Plaintiff’s name was completed on the ground of donation on the 17th day of the same month, and the land before subdivision was divided into D’s land (hereinafter “D’) and C’s land (hereinafter “C’) on August 24, 2016, when the instant lawsuit was pending.

C. On the ground of 20 square meters in part on the ship which connects each point of the attached Table 1, 10, 11, 12, 13, and 1 among land C (hereinafter “the instant livestock shed part”), the Defendant’s Dong-in M was constructed and used with the Defendant’s permission, and the Defendant’s Dong-in M was located and the Defendant was transferred to the Defendant.

However, in recent years, M or the defendant does not use it as a stable, and part of the building is left unattended.

The sum of the amount equivalent to the rent from January 1, 2007 to December 31, 2016 with respect to the livestock pens of this case is the sum of the amount equivalent to the rent.

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