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(영문) 의정부지방법원 2015.01.22 2013가단44232
토지인도 등
Text

1. The Defendant is against the Plaintiff and each of the attached appraisal marks 5, 6, 7, 19, 18, and 5, among the land size of 1,620 square meters in Nam-si, Namyang-si.

Reasons

1. Basic facts

A. On May 17, 1990, the Plaintiff completed the registration of ownership transfer with respect to the area of 1,620 square meters prior to C in Namyang-si, the Plaintiff owned by Choyang-si (hereinafter “instant land”).

B. In around the 1970s, the Defendant and the Defendant’s husband D requested the Plaintiff’s father and the Plaintiff’s father to set up a house in part of the instant land and live together, and the Plaintiff’s father and the Plaintiff’s father allowed it. The Defendant and the Defendant’s husband were a house in the corner part of the instant land used as a high field at the time (hereinafter “Defendant-owned house”) from that time to that time, and reside in the instant house from that time.

The Defendant’s housing owned by the Defendant, among the instant land, has one house (hereinafter referred to as “instant land”) on the ground of 34 square meters in part of “b” portion on the ground (hereinafter referred to as “b” and the above ground in the case where the above land and the above land are collectively referred to as “bb”) connected with each of the above points in the attached Table 20, 21, 22, 23, and 20, among the instant land, and the same appraisal among the instant land is collectively connected with each of the above points of 5, 6, 7, 19, 18, and 5, is located in the same portion of “A” (hereinafter referred to as “the instant land”). In the event that the above land and the above part on the ground are referred to together with the above part on the land, the housing is located over one unit on the land in Namyang-si, Namyang-si.

C. From around B of the following year, the Defendant: (a) from around B, the Plaintiff’s her mother or the Plaintiff’s mother, paid the Plaintiff’s 1 to 5-day rice each year as the price for the use of the instant portion of “A” and each part of “B” among the instant land; and (b) from around November 28, 201, paid KRW 250,000 per annum to F. Since November 28, 201, the Defendant remitted KRW 250,000 on November 19, 201, and KRW 250,000 on December 5, 2013 to F.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and Eul evidence 2.

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