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(영문) 의정부지방법원 2015.06.10 2014가합9134
토지인도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is respectively indicated in the separate sheet No. 6, 7, 8, 9, and 6 among the separate sheet No. 503m2 against the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. The deceased and the Defendant married on November 20, 1985, but divorced on December 12, 2010, and died on December 21, 2010.

B. On November 30, 1996, the registration of transfer of ownership was completed in the name of the deceased D on November 30, 1996, and on July 6, 2009, the registration of transfer of ownership was completed on July 3, 2009 under the name of the plaintiff who is the leakage of the network D on July 6, 2009.

C. On the instant land, the Defendant installs a steel pipe building 23m2 (hereinafter referred to as each of the instant buildings collectively referred to as “each of the instant buildings”) connecting each point of (a) the steel pipe building 14m2, 1, 2, 3, 4, 5, and 1 each point of (b) the steel pipe building 62m2, 4, 10, 11, 12, and 4 each point of (c) the steel pipe building 62m2, and 4, 10, 11, 12, and 4 each point of (a) the steel pipe building 23m2 (hereinafter referred to as “each of the instant buildings”) with the order of priority indicating the drawing on the instant land. The instant building site of each of the instant building is occupied and used.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 6-1, 2-2, Eul evidence 2, the result of the survey and appraisal conducted by appraiser E, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim of the principal lawsuit, the Defendant is obligated to remove each of the instant provisional buildings to the Plaintiff, the owner of the instant land, and deliver the site of each of the instant provisional buildings to the Plaintiff, except in extenuating circumstances.

3. The defendant's assertion on the principal lawsuit and the counterclaim;

A. On November 22, 1994, the Defendant alleged the title trust (1) as to the land of this case and F 59m2, which was divided into the land of this case and F 59m2, on February 15, 2002, around November 22, 1994, the Defendant agreed that the Plaintiff purchase shares equivalent to the 70 square meters (231.406m2), and the shares equivalent to the 10.5 square meters (330.594m2) among those shares, and the Plaintiff bears KRW 65,50,000,000 and the Defendant bears KRW 79,00,000,000 for the Defendant entrusted the title of the registration to the deceased D.

Since then, the defendant sold 59m2 of the land before the division to G, and this part shall be divided into G.

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