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(영문) 춘천지방법원 2018.03.27 2016나54463
지상물철거등
Text

1. Revocation of the first instance judgment.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is attached Form 1.3,952 square meters, prior to C in Chuncheon-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 21, 1997, the Plaintiff purchased the H share of 23,107 square meters from H and completed the registration of transfer of ownership by purchasing the H share of 23,107 square meters in Chuncheon-si Forest land owned by E (9.2/107) and H (23,007.8/100 of shares).

On February 28, 2006, the above D forest was divided into 19,155 square meters of the above D forest and the above F forest into 3,952 square meters. The above F forest were changed into registration conversion and land category with the above C, 3,952 square meters of the above C, around February 2006 (hereinafter “Plaintiff’s land”).

B. On January 16, 2009, the Plaintiff owned the Plaintiff’s land solely by completing the share transfer registration for E’s shares (9.2/107) out of the Plaintiff’s land on January 16, 2009 due to the division of common property owned on January 12, 2009.

C. The Defendant purchased 10,711 square meters of the above G forest land adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”) from the Plaintiff and completed the registration of ownership transfer on October 20, 1995.

At present, the Defendant, among the Plaintiff’s land, possesses the portion of “B” 161 square meters (hereinafter “the instant dispute part”) connected in sequence with each point of 6, 7, 8, 9, 21, 20, 20, and 6 of the annexed drawing Nos. 2. On the ground of the instant dispute part, the part of the instant dispute part is 24, 25, 26, 27, and 24 of the annexed drawing Nos. 1 (hereinafter “instant warehouse”) connected in sequence with each point of 28, 29, 30, 31, and 28 of the same drawing Nos. 28, 29, 30, 31, and 28 of the same drawing No. 1 (hereinafter “the instant warehouse”).

【Unfounded facts, Gap’s statements or images of Gap’s evidence 1, 3 through 8 (including all of the branch numbers; hereinafter the same shall apply), Eul’s evidence 1 and 4, the result of the on-site inspection by the court of first instance, the result of each survey and appraisal by the first instance appraiser I, the purport of the whole pleadings

2. According to the facts as seen earlier prior to the determination of the cause of the principal lawsuit, the Plaintiff, the owner of the Plaintiff’s land, occupies the instant dispute part, which is part of the Plaintiff’s land.

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