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(영문) 대구지방법원서부지원 2015.09.22 2014가단11899
토지인도
Text

1. The defendant (Counterclaim plaintiff) shall all dismiss the counterclaim.

2. The Plaintiff:

A. Defendant (Counterclaim Plaintiff) B, C, D, E, and F respectively.

Reasons

We examine ex officio the legitimacy of the counterclaim of this case.

The Defendant may file a counterclaim with the court in which the principal lawsuit is pending, not later than the closure of pleadings (main sentence of Article 269(1) of the Civil Procedure Act). Since the counterclaim of the Defendant-Counterclaim Plaintiff is inappropriate as being filed after the closing of pleadings on September 11, 2015, which was 18 months after the principal lawsuit was received on March 26, 2014, and 18 months after the closing of pleadings, the counterclaim is dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.

In the case of the compulsory auction by official auction for the real estate branch branch of the Daegu District Court, the Plaintiff: (a) paid the purchase price on September 10, 2013 and acquired ownership by winning a successful bid for P, Q, R land, and P housing; (b) thereafter, the land of the said three parcels was combined and became the real estate listed in the separate sheet (hereinafter “instant land”).

In connection with the instant land, 453 square meters and the instant land owned by S, there are housing units located a 453 square meters and the instant land. Of the instant land, the part (b) part of 152 square meters (hereinafter referred to as “part (b)”) connected in order to each point of the attached drawing marks 1, 2, 3, 24 through 28, 19 through 23, and 152 square meters (hereinafter referred to as “part (b)”) among the instant land is used as a marina for the housing unit owned by S, there are 11 square meters of trees, 11 square meters of street lamps, 2, street lamps, stone lamps, wild boar stones, stone tower, and stairs, each point of which is indicated in the said map 19,28, and 27 attached to each point of the said section (b) are installed a stone fence, which connects each point of the said map 27, 26, 25, and 24.

S died on May 3, 198, and the Defendant (Counterclaims) succeeded to the property of S.

In addition, among the land in this case, there is a roof of the soil wall slate in the above U-owned 29, 30, 31, 32, and 29 square meters on board (c) part 29.75 square meters (hereinafter "c) connected in sequence of the items indicated in the attached drawing indication 29, 30, 31, 32, 29

U died on March 18, 1983, and died.

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