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(영문) 의정부지방법원 2018.10.18 2017나212799
토지인도
Text

1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim claim changed from the trial, is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. 1) L had completed the registration of ownership transfer on D’s land on August 31, 1982, and completed the registration of ownership transfer on the land on the ground, which was approved on March 29, 1983, and completed the registration of ownership transfer on the above building on July 24, 2003. 2) The Plaintiff purchased from L on July 28, 2003 the above 774 square meters and the above 673 square meters (hereinafter “Plaintiff-owned land”) and the above ground buildings, and completed the registration of ownership transfer on August 4, 2003.

B.1) On August 25, 1989, G completed the registration of ownership transfer with respect to E land adjacent to the Plaintiff’s land, and completed the registration of ownership transfer with respect to the building on the ground, which was constructed on December 15, 1993, and completed the registration of ownership transfer with respect to the above building. 2) After which, E and its ground buildings were transferred to the Defendants via H and I, J, and K, and the Defendants completed the registration of ownership transfer with respect to each of the above E and its ground buildings on July 31, 2006 (hereinafter “Defendant’s land”).

3) The Defendants, upon obtaining approval for use on April 25, 2007, removed the existing building that G had been constructed and newly constructed on April 25, 2007 (hereinafter referred to as “the said new building owned by the Defendants”).

) On May 8, 2007, the registration of initial ownership was completed with respect to one-half shares among the above new buildings. Meanwhile, as of the date of the closing of argument, the Defendants, in turn, connected each point of (i) part of 7 square meters in the ship (hereinafter “instant dispute”) connected in order to each point of (ii) part of 7 square meters in the land owned by the Plaintiff, among the land owned by the Plaintiff as of the date of the closing of argument.

2) The Defendant’s gate columns in the shape of “the instant gate columns” (hereinafter “instant gate columns”) connected in order to each point listed in [Attachment 2 Map Nos. 36, 37, 38, 39, and 36, which are owned by the Defendants, are possessed as part of the entrance.

A. [Ground for recognition] There is no dispute, Gap evidence 1, 2, and 3, and Eul evidence 1, 2, 4 through 10 (if any),

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