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(영문) 전주지방법원남원지원 2017.08.17 2016가합1081
소유물방해제거청구 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form 1, 2, 3, 4, 5, out of the area of 512 square meters in the area of 512 square meters in the area of Jeonbuk-gun, Jeonbuk-gun.

Reasons

1. The principal lawsuit and counterclaims shall also be deemed to have been filed with respect to the removal of ground and the request for delivery of land;

A. 1) On August 18, 2005, the Plaintiff is deemed to have owned a land owned by the Plaintiff on August 18, 2005 (hereinafter “Plaintiff-owned land”).

(3) On November 22, 201, the Defendant completed the registration of ownership transfer with respect to the land owned by the Defendant (hereinafter “Defendant-owned land”) and the Defendant is the land owned by the Defendant.

2) The Defendant, among the Plaintiff’s land, installed a retaining wall on the part (B) on the part (a) in a ship, which connects each point of 1, 2, 3, 4, 5, 6, 7, 8, and 1, and 9, 10, 11, 12, 13, and 9, in sequence, connected each point of 4 m2,000 square meters of the annexed drawing No. 1, 2, 3, 4, 5, 6, 7, 8, and 1, was occupied and used.

3) Meanwhile, among the land owned by the Defendant, the Plaintiff occupies and uses the part (B) of the same drawings in sequence 1, 2, 3, 4, 4, 5, 6, 7, 8, and 3 square meters which connects each point of (a) part on the ground of 2 square meters of the attached drawings among the land owned by the Defendant, after installing and planting a container on the ground of 3, 4, 5, 7, 8, and 3 of the attached drawings, and installing and planting trees on the ground of (c) part of the same drawings, and connecting each point of (b) above 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the same drawings. [Grounds for recognition] There is no dispute, Gap evidence 1, 10 through 12 of the attached drawings, Eul evidence 1, and 5 of the attached drawings (number of each number, the result of the appraisal by appraiser E, the result of the appraisal by the Korea Land Information Corporation, the overall purport of pleadings

B. According to the facts of the above recognition, the Defendant is obligated to remove a retaining wall on the ground of the part of the annexed drawing Nos. 1 (a) and (b) part of the land owned by the Plaintiff and deliver each of the above land to the Plaintiff. ② The Plaintiff is obligated to remove a ground container on the part of the attached drawing Nos. 2 (a) and (c) part of the land owned by the Defendant and deliver the part of the land Nos. 6 (b) to the Defendant.

2. Judgment on the plaintiff's claim for damages

A. The gist of the Plaintiff’s assertion is that the Defendant is the owner of F forest land in the Jeonbuk-gun, North Korea, adjacent to the Plaintiff’s land.

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