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(영문) 춘천지방법원강릉지원 2017.09.26 2016나1455
토지인도 등
Text

1. The part of the first instance judgment against the Plaintiff (Counterclaim Defendant) regarding the principal lawsuit shall be revoked.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 19, 2015, the Plaintiff completed the registration of transfer of ownership in the Plaintiff’s name, which was based on the sale of the land of this case by voluntary auction on November 19, 2015, with respect to the land of this case (hereinafter “instant land”).

B. On August 8, 191, the Defendant completed the registration of ownership transfer with respect to the land adjacent to the instant land under the name of the Defendant with respect to D large 765 square meters in the East Sea at the same time, and newly constructed five storys on the ground of the said land on May 24, 1993 (hereinafter “instant cartels”).

C. Since then, the Defendant is using the land adjacent to the instant land as the instant Moel’s parking lot in the East Sea, which was leased from F on April 25, 200, the 241m2 in the East Sea, which completed the registration of ownership transfer with the Defendant’s name on April 25, 200, and the 284m2 in the East Sea, which was leased from F on December 22, 199.

On the other hand, among the land in this case, the part of the parking lot of this case (hereinafter “instant parking lot”) is used as part of the parking lot of this case (hereinafter “the instant parking lot”). On the ground of 2m2, 35, 36, and 21m2 of the attached drawing Nos. 1 among the land in this case, the part of which connects each point of 14, 15, 16, 17, 18, 19, 20, 20, 34, 33, 32, 32, and 62m2 is installed on the ground of 2m2m2,000, which connects each point of 14, 15, 16, 17, 18, 20, 34, 33, 32, and 14 of the instant

(b) [The land in dispute in this case hereinafter referred to as “the land in this case”) by aggregating the above (b) part and the above 62m2m2 and the above 2m2.

In addition, the instant parking lot and its adjacent land are laid underground, such as the indication of drawings 2, c., and c., and one septic tank (hereinafter “instant septic tank”) is laid underground in the part of the instant dispute land.

【In the absence of dispute over the grounds for recognition, Gap evidence 1, Eul evidence 2-1, 2-2, Eul evidence 4-1, 2, Eul evidence 5-9, Gap evidence 4-1, 2, 3, Eul evidence 5-3, Eul evidence 2-1, 2-2, and Eul evidence 15-1, 2, and 15-3, each video of the first instance court.

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