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(영문) 전주지방법원정읍지원 2019.06.04 2018가단1245
건물철거 및 토지인도 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant, the appointed party) shall draw up the attached Form 1 among the attached Form 480 square meters for the Plaintiff-Counterclaim Plaintiff (Counterclaim Defendant, the appointed party) in the area of 480 square meters

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) acquired ownership on August 5, 1994 with respect to the size of 480 square meters in Jeonbuk-gun, Jeonbuk-gun.

The network A acquired ownership of around April 4, 1980 with respect to the size of 2636 square meters, which is 2,636 square meters in the previous North Korea, and about the size of 6 square meters in the Eastan-gun, Jeonbuk-gun, North Korea, on February 21, 1992.

From August 5, 1994 to November 16, 2018, the network A began to possess part (A) of the attached Table 1, which connects each point of the attached Table 1, 2, 10, 11, 12, 5, 6, 7, 7, 8, 9, 1, among the attached Table 1, among the area of 480 square meters in the area of 480 square meters in the area of the Daban-gun, Jeonbuk-gun (hereinafter “instant one”).

From August 5, 1994 to the date, the Defendant occupies the portion (B) of 204 square meters in the ship connecting each point of 5, 6, 28, 27, 26, 25, 24, 23, 22, 3, 4, and 5, among the 2636 square meters in the area of 26 square meters in the area of 5, 6, 28, 27, 26, 25, 24, 23, 22, 3, 4, and 5, located in the area of 204 square meters in the area of 2636 square meters in the area of

The deceased died on November 16, 2018, and the Plaintiff (Counterclaim Defendant, the designated party, hereinafter referred to as the “Plaintiff”) and the designated parties indicated in the list of the designated parties attached hereto (hereinafter referred to as “Plaintiff, etc.”) taken over the instant lawsuit.

Plaintiff

On March 2019, around March 2019, the Plaintiff made an agreement on the division of inherited property with the content that the Plaintiff unilaterally succeeds to the rights and obligations on the land of this case 1 through 3.

[Based on the fact that there is no dispute, Gap 1 through 10 evidence, Eul 1, and Eul 3 through 5 evidence, and the result of each appraisal commission to the director of the Korea Land Information Corporation's branch by the Korea Land Information Corporation, according to Article 197 (1) of the Civil Code, since the possessor of an object is presumed to have occupied the object as his/her own intention pursuant to Article 197 (1) of the Civil Code, in cases where the possessor claims the acquisition by prescription, he/she does not bear any burden of proving his/her own intention, and rather, the acquisition by prescription is established by asserting that he

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