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(영문) 대구지방법원 서부지원 2017.02.22 2015가단24045
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached Form 1, 2, and 2 on the Plaintiff (Counterclaim Defendant) among the area of 90 square meters in Daegu-gu D Miscellaneous land 90 square meters.

Reasons

1. Facts of recognition;

A. On January 28, 2015, in Daegu Seo-gu E Miscellaneous District, one square meter of land E was divided on January 28, 2015, and the same year;

9. 25. The instant miscellaneous land was additionally divided.

(hereinafter referred to as "Emiscellaneous land" regardless of whether before or after each land division is divided. (b)

The plaintiffs completed the registration of transfer of ownership on August 8, 2007 on the land of this case on the grounds of sale as of December 26, 2005.

(426/476, Plaintiff B’s share 50/476). (C)

On February 5, 1975, the defendant's attached F purchase of Daegu-gu G large 261 square meters (hereinafter "G site") adjacent to E Miscellaneous land, and completed the registration of ownership transfer in his name following the date.

F around November 5, 1975, F newly constructed a building, such as a single-story house and warehouse (hereinafter referred to as “instant building”), on the land of the land of the miscellaneous district of G site and the instant land, and on the ground of the land of the miscellaneous district of the Republic of Korea. The F completed registration of initial ownership on April 29, 1983.

E. On December 26, 200, after the death of F (hereinafter “the deceased”) the Defendant completed each registration of the transfer of ownership on the instant building and G site on the ground of inheritance or donation, and operated a restaurant at that place.

F. Since then, even though the Defendant partially removed the part of the instant building which constitutes an unauthorized building, the building remains on the land located in the area of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of

G. Meanwhile, according to the commission of this Court, appraiser H calculated the monthly rent from December 15, 2005 to December 14, 2015 of the land located within the instant miscellaneous land as follows.

【In the absence of any dispute, there are evidence of No. 1, evidence No. 5 through 8, and evidence No. 2 through 10, respectively.

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