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(영문) 대전고등법원 2018.11.28 2017나15544
토지인도
Text

1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

Defendant (Counterclaim Plaintiff) B and Defendant C.

Reasons

1. The reasoning for this part of the basic facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except in the following cases:

The provisions of Section 1-D of the first instance judgment are as follows.

The area of Qhan-gu G 17,544 square meters is 17,147 square meters on August 9, 1997, and 2,479 square meters on H forest shall be 2,294 square meters prior to R around that time (hereinafter “R land”).

) The registration conversion was made. The above Q land was made for Q 20 square meters in Q 200 square meters in Q 200 square meters, E forest land 1,308 square meters in attached Table 1; hereinafter “E land”).

(2) 645 square meters of S forest land (attached Form 2; hereinafter referred to as “S land”).

) Each subdivision and land category were divided into 1,542 square meters in T-road, 1 square meters in X road, 460 square meters in U.S., and 12,991 square meters in D previous 12,91 square meters (hereinafter “D land”). The 6th part of the judgment of the first instance, “Defendant C, who was the manager of Defendant B, returned to Korea, was living in Korea,” and “Defendant C, who was the manager of Defendant C, was living in Korea,” respectively.

In the judgment of the court of first instance, "the result of the on-site inspection of this court" in the 20th and 21th parallel and 21th parallel are as follows: "the result of the on-site inspection by the court of first instance and this court"; "the result of each commission of appraisal by this court for the Korea Land Information Corporation for the first instance court's Korea Land Information Corporation"; "the result of this court's fact inquiry by the head of the Sung-gu Daejeon Metropolitan City Gyeyang-gu, Daejeon Metropolitan City," respectively.

2. Determination on the main claim

A. 1) The Plaintiff’s summary of the Plaintiff’s assertion is based on the facts of recognition as to the claim for provisional extradition, “The Defendant without any title occupies the instant land without permission, thus seeking its return pursuant to Article 213 of the Civil Act, and seek removal of the pipe, etc. installed on the instant land pursuant to Article 214 of the Civil Act.”

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