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(영문) 대구지방법원서부지원 2016.01.13 2013가단14495
토지인도등
Text

1. The Plaintiff (Counter-Defendant) indicated the attached sheet 1 to the Defendant-Counterclaim Plaintiff, among the land size of 313 square meters in Gyeong-gun, Sung-gun, Sung-gun, Gyeong-gun.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on February 10, 2003 with respect to the instant land as a result of sale on February 7, 2003.

B. On March 15, 1984, the Defendant concluded a sales contract with the content that on April 20, 1984, the sale price shall be determined as KRW 3,150,000 for forest land (applicable to the present land) and approximately 100,000 square meters for forest land among the F, which is the lot number prior to the division of the instant land, attached to D and the instant land (hereinafter “instant land”). The Defendant concluded a sales contract with the content that, at the time of the contract, the remaining KRW 3,00,000 shall be paid by April 21, 1984, for the remainder of the contract and the remainder of the contract amount shall be paid until April 21, 1984.

On April 21, 1984, the Defendant paid the above purchase price to the above D, and thereafter, from that time, occupied and used part (i) of the attached sheet No. 1 to 10, 12 through 15, and 1 of the land in this case and the land in this case, which connected each point in the attached sheet No. 1 to 10, 12 through 15, and 1 (hereinafter “the part occupied by the Defendant among the land in this case”). As to the land in this case, on May 3, 1984, the Defendant completed the registration of ownership transfer on May 7, 1984.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 to 3, 5, 6, Eul evidence 1 and 3, the testimony and video of the witness D, the result of the on-site inspection by this court, the result of the appraiser G's appraisal, the purport of the whole pleadings

2. According to the facts found in the judgment as to the cause of the principal claim, the Defendant, who occupied and used the part occupied by the Defendant among the land in this case, is obligated to remove each of the above Defendant’s ground property owned by the Defendant, as alleged by the Plaintiff, as the owner of the land in this case, deliver the above occupied part, and return the leased portion’s unjust enrichment by the completion of delivery.

3. The defendant's defense and.

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