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(영문) 대구지방법원의성지원 2015.01.21 2013가단1497
건물철거 및 토지인도
Text

1. The Defendant (Counterclaim Plaintiff) B is attached Form 1. Map No. 9, 41, and 41, among the land size of 770 square meters in Gyeongbuk-gun E forest, Gyeongbuk-gun, the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) completed the registration of ownership transfer as the receipt of 6453 on April 19, 2012, with respect to the land of this case, the Daegu District Court’s Sung-gun, Sung-gun, Sung-gun, and 70 square meters of forest E (hereinafter “instant land”).

B. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) owned a warehouse on the ground (i.e., the part (i) part (i) of the instant land connected each point of No. 9, 41, 42, 43, and 9 indicated in the Map No. 1. From among the instant land, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) occupied and used a warehouse on the ground of No. 6m2, connected each point of No. 33, 32, 34, 35, 36, 37, 6, 7, 8, 44, 43, 9, 10, 40, 38, 11, 12, and 33 square meters in sequence.

C. Defendant C owns a house with 12 square meters on board (A) section connected in order to each point of Annex 1. Map No. 1, 13, 14, and 1 among the instant land, and occupies and uses a house with 13, 15, 16, 17, 18, 19, 14, and 13 square meters in sequence of each point of Annex 1. Map No. 1, 13, 14, and 13.

Defendant D owns a house with one square meter in the ship (D) which connects each point of 20, 21, 22, 23, and 20 square meters of the attached Table 1. Of the instant land in sequence, in order to each point of 30 square meters of the (C), and each point of 24, 25, 26, and 24 attached Table 15, 20, 26, 24, 27, 28, 29, 29, 30, 31, 32, 33, 19, 18, 16, and 15 of the same drawings, and occupies and uses a house with one square meter in the ship, which connects each point of 15, 20, 206, and 263 square meters of the same drawings.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A No. 1, Results of measurement and appraisal on a sexual branch of the Daegu Cadastral Corporation, the purport of the whole pleadings

2. According to the above facts of determination as to the plaintiff's cause of claim against the defendants, the plaintiff is presumed to be the owner of the land of this case. Thus, unless there is no legitimate title, the defendants are obligated to remove each building on the ground of this case and deliver each site and land possessed and used to the plaintiff.

3. As to the defendant B's defense and counterclaim

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