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(영문) 창원지방법원통영지원 2015.08.13 2014가단11894
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached Form No. 1, 2, 3, 4, on the part of the 302 square meters of the 302 square meters in Jinsung-gun D, Jinnam-gun.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. E, barring any special circumstance, in marking the land location, completed the registration of transfer of ownership on the ground of sale on June 22, 1985, the receipt No. 17088, as of Jun. 22, 1985, with respect to the 1st 407 square meters in Changwon District Court, Changwon-gun, Jin-gun, Jin-gun, G omitted, and the H and its lot number are omitted, and the registration of ownership is completed on June 22, 1985.

B. The Plaintiff completed the registration of ownership transfer based on sale on October 25, 1999, No. 16922, which was received on November 5, 199, with respect to J 587 square meters.

C. The Plaintiff completed the registration of transfer of ownership on the ground of exchange on March 2, 2001, 200, receipt No. 2967, which was received on March 8, 2001, with respect to K 70 square meters.

The Plaintiff completed the registration of transfer of ownership on February 5, 2004, 1848, which was received on February 9, 2004, with respect to D 232 square meters.

E. K was merged with D on October 12, 2011

(B) The registration of ownership preservation is completed on January 4, 2013 with respect to a single-story house of 103.92 square meters (hereinafter “the instant building”) on the I’s land. E completed the registration of ownership preservation as the receipt No. 197 on January 4, 2013 with respect to a single-story house of 103.92 square meters on the I’s land.

G. Defendant C, a child of E, completed each registration of ownership transfer on the ground of gift on January 4, 2013, No. 198, which was received on January 4, 2013, with respect to the land I and/or one-half shares of each of the instant buildings.

H. The Defendants occupy part (A) of 29 square meters in a ship (hereinafter “the instant part”) that connects each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 among the instant land in sequence, as a site, among the instant land.

[Reasons for Recognition] Facts that there is no dispute between the parties, each entry of Gap evidence 1, Eul evidence 3-1, each entry of Eul evidence 4, Gap evidence 2, appraiser's measurement and appraisal results, the purport of the whole pleadings

2. As to the principal claim.

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