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(영문) 인천지방법원 2018.02.28 2016가단250341
토지인도
Text

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

A. Attached Form (Appraisal 1) No. 15.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 9, 2007, the Plaintiff is the owner of the instant land, who completed the registration of ownership transfer on the real estate listed in the separate sheet (one hundredcheon-gun C, which was divided into D on March 31, 2008; hereinafter “instant land”). The Defendant is the owner of the instant adjacent land, who completed the registration of ownership transfer on August 1, 1996 with respect to the land of which the registration of ownership transfer was completed on August 1, 1996 with respect to the land adjacent to the instant land (hereinafter “instant adjacent land”).

B. The Defendant, as the owner of the adjoining land of this case, is occupying a building, theme park, and the trees by erosioning the land of this case before the Plaintiff acquired the ownership of the land of this case as follows.

1) 별지 (감정도1) 표시 15, 2, 3, 4, 19, 18, 17, 16, 15의 각 점을 순차로 연결한 선내 (가) 부분 목조 단층 건물 4㎡, 같은 도면 표시 19, 22, 21, 20, 18, 19의 각 점을 순차로 연결한 선내 (나) 부분 테라스 8㎡ 2) 별지 (감정도2) 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅇ, ㅈ, ㅊ, ㄴ1(은행나무 10그루), 같은 도면 표시 ㅅ, ㅋ, ㅎ, ㄱ1, ㄷ1, ㄹ1, ㅁ1, ㅂ1, ㅅ1, ㅇ1, ㅈ1, ㅊ1, ㅋ1, ㅌ1, ㅍ1, ㅎ1, ㄱ2, ㄴ2, ㄷ2, ㄹ2, ㅁ2, ㅂ2(메타스퀘이어 22그루), 같은 도면 표시 ㅌ, ㅍ(감나무 2그루)

C. The sum of the rent for the instant land from March 31, 2008 to November 16, 2017, which was after the Plaintiff acquired the ownership of the instant land, is KRW 11,138,937, among which the rent from March 31, 2017 to November 16, 2017 is KRW 853,017, and when the last rent for the instant period is converted into one day, KRW 3,692 [=853,017 won/231 (from March 31, 2017 to November 16, 2017)].

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the branch office of the Korea National Land Information Corporation, and the result of each appraisal commission made by appraiser F, the purport of the whole pleadings

2. Determination on the main claim

(a) a building that determines the cause of the claim;

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