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(영문) 창원지방법원 2015.11.19 2015나30712
토지인도
Text

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

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 19, 2009, the Plaintiff purchased 33m2 and 235m2 from the State of Haan-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the instant land”) and registered the ownership transfer of the said land in the name of the Plaintiff on November 12, 2009, and merged Cand 337m2 (hereinafter “the instant land”) owned by the Plaintiff into C’s land prior to the instant merger. At present, the Plaintiff is the owner of Cand 605m2 (hereinafter “instant land”).

B. On September 13, 1984, the Defendant completed the registration of ownership transfer with respect to D & 159 square meters adjacent to the instant land (hereinafter “1 land”). On February 13, 1987, the Defendant completed the registration of ownership transfer with respect to D & 159 square meters adjacent to the instant land, and owned up to the present day after completing two-story neighborhood living facilities and housing with reinforced concrete structure on the ground of land on February 13, 1987.

C. On March 7, 191, the Defendant completed the registration of transfer of ownership based on the inheritance by agreement division with respect to F&263 square meters adjacent to the instant land (hereinafter “second-party land”) upon the death of the attached E, the Defendant completed the registration of transfer of ownership based on the inheritance by agreement.

However, G, with consent from E in around 1963, newly constructed cement block structure, straw roof, post office 73.71 square meters (hereinafter “second building”) on the second land, and used as a special post office from May 1, 1970, and completed registration of initial ownership in G name on August 14, 1990.

After concluding a contract to purchase a second building from G on September 8, 1990, the Defendant paid a balance on October 20, 1990 and received the said building, and completed the registration of ownership transfer on June 1, 2006 under the name of the Defendant.

E. On the other hand, part of the first building is constructed on the ground of the first part of the instant land, which intrudes on the boundary of the instant land and the first part of the instant land. Part of the second building is constructed on the ground of the second part of the instant land, which intrudes on the boundary of the instant land and the second part. The second part of the dispute is set up on the ground of the second part of the instant land. J and K before the instant merger.

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