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(영문) 의정부지방법원고양지원 2016.12.16 2015가단78935
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. From November 19, 2016 to December 2016, 2016, KRW 9,118,907 and its amount.

Reasons

1. Basic facts

A. The current status of each land of this case (1) D, E, F, G (each category and size omitted; hereinafter the same) was owned by the network H, and C (hereinafter the “instant land”) was owned by Nonparty I.

(2) On January 12, 198, the network H newly constructed a general restaurant building of 16.5 square meters on the instant land (hereinafter “instant building”) owned by the networkH on the ground of D and F, and building a reinforced concrete building of 78.48 square meters on the 1st floor of the lub roof of D and F, and the part located on the front of the instant building on the instant land as a road along the meritorious road.

(3) Meanwhile, on the instant land and K (State-owned land), there were one-story neighborhood living facilities (office) with the cement block structure 3.82 square meters wide (hereinafter “the instant Plaintiff building”) owned by I, and on the K and G ground, there were temporary buildings owned by I (hereinafter “instant temporary buildings”).

(4) On March 12, 2008, the Plaintiff purchased each of the instant land and the instant provisional buildings owned by the Plaintiff and I through the auction procedure.

(5) Since then, the Plaintiff and H discussed discussions to exchange part of the Plaintiff’s land and part of G’s land, which is the Plaintiff’s land, and conducted a boundary survey on the said land. Around February 23, 2009, the Plaintiff removed the instant building and delivered part of the building site of the said building to H.

B. On April 26, 2013, H acquired the Defendant’s ownership, died on April 26, 2013, and the inheritor was M, N,O, and the Defendant, who was the wife, but the Defendant acquired the said D, E, F, G land, and the instant Defendant’s building by agreement and division.

C. At present, the current status of the use of each land of this case is the main entrance route of the first and second floors of the building of this case, and the land of this case is installed toward the above entrance route.

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