logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.08.25 2016가단31671
토지인도 등
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached Form 1 to 4, among the area of No. 483 square meters in Gyeonggi-gun D, Gyeonggi-do, the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an owner of 483 square meters in Gyeonggi-gu, Gyeonggi-do, and the Defendant is an owner of 1,018 square meters in E miscellaneous land.

The land above D and the land above E are adjacent as shown in the attached Form 4.

B. Among the above D land, there is an excellent position on the ground of one square meter in part 1 square meter on the ship connecting each point of indication 1 through 4, and 1 of the attached drawing among the above D land (the appraisal document of the appraiser F shall state that “the excellent underground part cannot be distinguished from the land,” and the above excellent position owner is the defendant.

C. Among the above land E, there is a waste water man on the ground of 10 square meters in part “bb” (in the 6th appraisal report of the appraiser G preparation, the urban gas pipe and sewage pipe shall be located underground and shall be excluded from the appraisal because it is not possible to distinguish the land from the appraisal) connected each point of 1, 13, 14, and 1 of the attached drawing Nos. 2.

Of the land above D, on the part (B) and 83 square meters connected to each point in order of the attached drawing(5) through (8) of the attached drawing(s) of the attached drawing(s), a entrance is installed. The owner of the above leg(s) is the plaintiff.

(B) On the ground of the above D, a single-story 9.36 square meters for single-story 1, a second-story 2, and a second-story 83 square meters for single-story 2, and the owner of the above building is the plaintiff and the second-story of the above building seems to be the plaintiff and the second-story of the above building. The ground for recognition is without any dispute, Gap evidence 1, Eul evidence 1-3 and 2, each entrustment of appraisal to appraiser FG of this court, the purport of the entire pleadings, as a result of the overall appraisal.

2. As to the main claim

A. According to the basic facts as to the cause of the claim, barring any special circumstance, the Defendant occupied and used a part of “A” as indicated in the attached Form 1 of the land owned by the Plaintiff, by owning the above excellent hall without a legitimate title.

As such, the Plaintiff should remove the superior position as a performance of the obligation to eliminate interference based on ownership.

B. As to the defendant's assertion, the defendant 1 is the defendant.

arrow