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(영문) 대구지방법원 2016.07.21 2015나309696
토지인도 등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. 1) On June 17, 1981, the Plaintiff changed the ownership of the land and the current status, etc.

As seen in the attached Form 2, the ownership transfer registration for the sale and purchase on July 10, 1960 is the owner who completed the registration of ownership transfer for the grounds for registration. (2) However, as seen in the attached Form 2, a certain middle part of the C land’s contribution (hereinafter “instant contribution”) is in common.

Of the above land, the part located on the right side of the instant contribution is 29 square meters inboard connected with each point of the attached Form 1, 2, 3, 4, 5, and 1 in sequence.

(hereinafter referred to as “the instant dispute part” . 3) As seen in the Appendix 1, as seen in the Appendix 1, the land of this case is located on the right side of the land of Gyeongcheon-gun, Gyeongcheon-gun and 427 square meters (hereinafter “E land”).

(E) E is adjacent to F. H. H. H. H. land is approximately KRW 997 square meters ( approximately KRW 3,290 square meters, hereinafter “F land before division”).

(B) From September 25, 2002, G purchased the F land before subdivision in around 1937 and commenced possession, and completed the registration of ownership transfer at that time. The instant dispute, located on the right side of the instant contribution, began possession as well.

2. G's ASEAN resided with G, and occupied F's land before division and the dispute part of this case, and completed the registration of ownership transfer in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate, which was in force on July 18, 1981.

G died in 198 after completion of the above registration.

C. On September 24, 2002, the Defendant, including the Defendant’s purchase of land E, purchased E land and the dispute portion of this case from D, and after completing the registration of ownership transfer on land E on September 25, 2002, occupied and used land E and the dispute portion of this case until now.

On the other hand, 16 meters of cement fences built by the defendant among the disputes in this case on the ground owned by the defendant.

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