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(영문) 전주지방법원 2018.07.06 2017가단11027
토지인도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form 6, 7, 8, 8, 9, 9, among the area of 1,866 square meters in Seoul Special Metropolitan City, Jeonju-gun, Jeonbuk-gun.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 3, 2001, the Plaintiff is the owner of the land in question, who completed the registration of ownership transfer with respect to the land of 1,866 square meters in Jeonju-gun, Jeonju-gun (hereinafter “Plaintiff-owned land”). The Defendant purchased from D on October 6, 201 the land adjacent to the Plaintiff’s land (hereinafter “Defendant-owned land”) and completed the registration of ownership transfer with respect to the said land on October 10, 201, and the location of each land owned by the Plaintiff and the Defendant is as shown in the attached Form.

B. In order to clarify the boundary between the Plaintiff and the Defendant’s each land owned by the Defendant in early 2015, the Defendant accumulated a stone axis (hereinafter “instant stone axis”) in accordance with the attached Form 5, 6, 7, 8, and 9, which is the boundary line of each land owned by the Plaintiff and the Defendant. Of the boundary line of each land owned by the Plaintiff and the Defendant, the upper part of the stone embankment he stockpiled pursuant to the attached Form 6, 7, 8, and 9, which is the boundary line of each land owned by the Defendant, is fluent with the land owned by the Plaintiff and the land owned by the Plaintiff, and thus the stone axis was fluded with the land owned by the Plaintiff, and thus, the attached Form 6, 35, 34, 33, 32, 31, 30, 29, 27, 26, 25, 24, 9, 8, 7, and 6 (hereinafter “78 square meters”).

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, the result of this court's commission of measurement and appraisal to the complete branch of the headquarters of the North Korean territory Information Corporation prior to the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above fact of recognition as to the claim of the principal lawsuit, since the instant stone shed established by the Defendant was in violation of part (B) of the Plaintiff’s land owned by the Plaintiff, the Defendant is obligated to remove the instant stone shed installed on the part (B) and 78 square meters of the land owned by the Plaintiff, and deliver the said part (b) to the Plaintiff.

3. Judgment on the defendant's assertion, such as a counterclaim

A. When the Defendant alleged that the instant stone shed was established by the Defendant, it was confirmed whether the Plaintiff’s husband F, who was the Plaintiff’s husband, violated the Plaintiff’s land, and the Plaintiff’s husband F, required.

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