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(영문) 제주지방법원 2017.10.27 2016가단15661
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The annexed drawing No. 44, 45, 46. The annexed drawing No. 44, 46.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. G on February 18, 1985, which owned F orchard 5,021 square meters (hereinafter “F land”) in Jeju-si, purchased D-water sources 149 square meters (hereinafter “D land”) from the Defendant during Jeju-si, Jeju-si, prior to subdivision, and thereafter the Plaintiff completed the registration of ownership transfer after being awarded a successful bid on October 26, 1986, and purchased D land from G on October 28, 1986.

B. The Defendant owned 3,289 square meters (hereinafter “E land”) and 4,202 square meters (hereinafter “H land”) adjacent to D’s land in Jeju-si, the lower court completed the registration of ownership transfer on June 13, 2012 with respect to H land, which was located on the ground of sale and purchase.

C. Among D land, a stone fence was stored in the part connected with each point of the attached Form 44, 45, 46, 47, 48, and 49 in sequence. The Defendant Lessee (Counterclaim) installed a steel pole in the attached Form 44, 45, 46, 47, 48, 49, 51, 52, 53, 54, 55, 56, 54, 56, and 444 in sequence among D land, which are connected with each point of the attached Form 44, 45, 46, 47, 48, 48, 57, 57, and 53 in sequence, and each part of the aforesaid part is occupied by installing a steel pole in the ship (hereinafter “instant part”).

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 5 (including a provisional number; hereinafter the same shall apply), and the plaintiff's assertion that the purport of the whole pleadings is asserted by the plaintiff, G purchased D land, divided the boundaries by using a stone fence, packaged part of the land, and occupied as its owner's intent, including one square meter in the part inside the ship connected with each of the points in the attachment Nos. 19, 20, 21, and 19 in sequence among E land (hereinafter "the part in this case"). After which the plaintiff purchased D land from G, the part in this case includes the part in this case.

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