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(영문) 창원지방법원 2015.11.18 2015나5136
토지인도 등
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following portion exceeds the payment order.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 24, 1990, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) completed the registration of ownership transfer on J 1167 square meters (hereinafter “instant real estate”). In fact, the Plaintiff purchased the instant real estate from K around 1972, and the Plaintiff cultivated the instant real estate from that time.

B. Defendant B (Counterclaim Plaintiff; hereinafter “Defendant”) installs a fence with a height of 1.5m, width of 20cm, and 12m in length on the line connecting each point of 4 and 5 of the instant real estate indicated in the attached Form No. 4 and 5, and occupies a wall with a height of 1.5m, width of 20cm, and length of 12m, and a part of 2,3,4,5, and 28m2 in sequence of the same drawing indication 2, 3, 4, 5, and 2.

C. Defendant C shall install a fence with a height of 1.5m, 20m, 9m in length, on the line connecting each point of the separate sheet Nos. 5 and 6 among the instant real property, and shall possess the part of 21m2(d) on the ship connected each point of the same map No. 1, 2, 5, 6, and 1.

Defendant B used the portion(c) portion(d)(iv) as each house or unit(s) portion(d) as the part of the village development project, each of which was newly constructed as part of the village development improvement project implemented on the land adjacent to the real estate of this case around 1980.

E. The Plaintiff and the Defendants, among the instant land, use it as a passage along the area of 138 square meters on board (limited to the area of 138 square meters (hereinafter “section”) connected in order to indicate the matters in the annexed drawing Nos. 4, 5, 6, 7, 8, 9, 16, 17, and 4, and Defendant D uses the area of 56 square meters (limited to the area of 50 square meters) on board (hereinafter “5 square meters) connected in order to each point of 9, 10, 11, 12, 13, 14, 15, 16, and 9, of the instant land as a passage through the house in which he/she resides.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 6, 7, 10, 11, and Eul evidence Nos. 1 and 2, testimony and pleading of the first instance court and the trial witness M.

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