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(영문) 대구지방법원 2018.11.14 2017나8171
건물철거및토지인도등
Text

1. The lower payment order among the monetary payment portion (main clause 1-C.) against the principal lawsuit of the first instance judgment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. F was assessed on August 5, 1912 by the forest of this case.

B. Around 1969, the Defendant’s father G occupied and used the house newly built in the possession part of the instant forest, and occupied and used the instant portion as the site of the said house from that time.

C. As to the forest land of this case, H, which is one five square meters of F, five square meters of 15 square meters on April 28, 1989, completed the registration of ownership transfer on the ground of “the donation on May 11, 1989” on May 17, 1989. G, on December 24, 1992, completed the registration of ownership transfer on the ground of five square meters of 5 square meters, 39 square meters of soil brick structure and 4 square meters of 5 square meters of 5 square meters of 44 square meters of 5 square meters of 5 square meters of 15 square meters of 5 square meters of 5, 44 square meters of 5 square meters of 5 square meters of 5, 44 square meters of 5 square meters of 44 square meters of 5 square meters of 5, 44 square meters of 5 square meters of 196 square meters of 44 square meters of 194 square meters of 44 square meters of 222 residential lots of this case.”

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 3, 4 (including each number), the result of the commission of surveying and appraisal to appraiser D by the first instance court, the purport of the entire pleadings

2. Determination as to the claim on the principal lawsuit

A. Determination as to the cause of the claim.

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