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(영문) 대전지방법원홍성지원 2015.10.14 2014가단8202
지료 등 청구
Text

1. The defendant shall be the plaintiff.

(a) Of the land listed in paragraph (1) of the attached Table, the indication of the attached Form No. 1 (A) part and 2 square meters.

Reasons

1. On January 13, 2006, the Plaintiff completed the registration of ownership transfer based on sale on December 27, 2005 with respect to each land listed in the separate sheet (hereinafter “each land of this case”).

(1) The Defendant is a business owner of (a) part of (b) part of the ground connected in sequence with each point of 3,21, 22, 5, 6, 7, 8, 9, 14, 16, 17, 17, and 18, connected in sequence of each point of 37 square meters on each of the instant land (c), (2), 36, 37, 38, 39, 36, and 36, and (3), a part of (d) part of the wall of this case connected with each point of 37 square meters on each of 37,000,000,0000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00.

[Ground of recognition] Unsatisfy, Gap 1, 6-1, the result of each survey and appraisal, the purport of the whole pleadings

2. The judgment on the cause of the Plaintiff’s claim is obligated to remove the instant housing, etc. from the Plaintiff seeking the removal of interference as the owner of each of the instant land, and deliver the part of the instant housing, etc. among each of the instant land.

3. Judgment on the defendant's defense

A. The defendant has been residing in the housing of this case from around 1945, and there is a defense to the effect that since the acquisition by prescription of possession on the part of the site of this case among each of the land of this case has been completed, the plaintiff cannot respond to the claim of this case.

(b) The possessor of the land whose acquisition period has expired shall be based on the prescriptive acquisition for the landowner at the time of expiration of the period.

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