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(영문) 대전지방법원 홍성지원 2018.06.05 2016가단11332
토지인도
Text

1. Defendant C: (a) indicated in attached Form 1 through 4, and 1, respectively, among the size of 4,423 square meters per 4,423 square meters prior to Chungcheongnam-gun Hongsung-gun D.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 10, 2010, the Plaintiff registered the ownership transfer of each of its names on the ground that “the Plaintiff’s land was donated on February 22, 2010,” and on October 10, 2013, on the ground that “the inheritance by consultation and division on November 10, 2012,” the Plaintiff’s land adjacent to the Plaintiff’s land was based on “the donation on February 22, 2010.”

On the other hand, there are unregistered houses owned by the Plaintiff (hereinafter “Plaintiff-owned houses”) on the above FF large 569 square meters ground.

B. On November 20, 2013, Defendant B completed the registration of ownership transfer in its name on the ground of “sale on November 5, 2013” with respect to the Defendant’s land adjacent to the Plaintiff’s land.

C. On January 1, 2014, Defendant B entered into a lease agreement with Defendant C with the terms that the term of lease on the Defendant’s land was from January 1, 2014 to January 1, 2019, and that the term of lease was 450,000 won per annum (three even rice payment method).

Since April 26, 2015, Defendant C has cultivated crops by using crums, etc., using the area of 102 square meters in the ship (A) connected each point of the Plaintiff’s land in sequence with the indication 1 through 4, and 1 of the attached drawing among the land on the Plaintiff’s side (hereinafter “the part of the infringed farmland”).

E. On November 30, 2016, the Plaintiff filed a criminal charge against Defendant B with the Hongsung District Prosecutors’ Office of Daejeon District Prosecutors’ Office, which affected the boundary of the Plaintiff’s land in relation to the part of the farmland that was invadedd by Defendant B, but the said prosecutor’s office was not subject to a disposition of non-prosecution on suspicion of Defendant B on November 30, 2016.

In addition, the plaintiff filed a complaint against the defendant C by bordering, destroying and damaging property, and interfering with business (Seoul District Public Prosecutor's Hong Sung Branch Office, 2016). On June 28, 2017, the above public prosecutor's office did not impose a non-prosecution disposition against the defendant C without suspicion.

F. Meanwhile, among the Defendant’s land, the case in which “construction wastes and purification tanks owned by the Plaintiff are less than 188 square meters on the part (B) part of the ship, which are successively connected to each point of the attached drawing Nos. 19 through 22, 26, 27, 29 through 31, 41, 40, 40, 39, 38, 37, and 19.”

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