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(영문) 광주지방법원 2020.03.13 2017나62616
토지인도
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant’s Intervenor (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is the owner of the Dong-gu Gwangju Metropolitan City D large scale 702 square meters (hereinafter “Plaintiff’s land”), and the Defendant’s succeeding intervenors are the co-owners of the Dong-gu Incheon Metropolitan City E-gu 670 square meters adjacent to the said land (hereinafter “E land”) and the building on the ground (the present store and female are currently in the Unmanned business).

B. On December 30, 2014, the details of the merger of the Plaintiff’s land (1) was combined with D, D, 443 square meters on December 30, 2014, ① F large 129 square meters, ② G large 112 square meters, ③ H large 18 square meters (hereinafter “former land”) and became the Plaintiff’s land on one parcel.

(2) Of the lands before annexation, G land was divided from April 10, 200 to I, and the land category of which has been changed from the ditch to the site. The Plaintiff’s father, the father, purchased it from the State on November 22, 2001 and completed the registration of ownership transfer on November 23, 2001.

(3) On September 11, 2012, the Plaintiff acquired the ownership of the land, excluding H land, among the land before annexation due to the division of inherited property by agreement. On January 21, 2014, the Plaintiff acquired the ownership of H land and combined the said land after acquiring the ownership of H land.

C. The Defendants purchased E-land and ground buildings as co-ownership and completed the registration of ownership transfer on April 17, 1990, respectively.

The Defendant’s Intervenor purchased the above E-land and its ground buildings (hereinafter “Defendant’s Intervenor’s successor buildings”) from the Defendants as joint oil, and completed each registration of ownership transfer on April 21, 2017.

① The Intervenor succeeding to the Defendant occupies and uses the part of the site (D) of the attached Form No. 21, 17, 18, 19, 20, and 21, among the Plaintiff’s land, as the site for the building owned by the Defendant’s succeeding Intervenor, the part of the site (d) in the attached Form No. 21, 17, 18, 19, 20, and

(2) The part which connects each point of 22, 11, 12, 13, 23, 3, 4, 5, 6, 7, and 8 with the indication of the same drawing in sequence.

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