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(영문) 대구지방법원 서부지원 2018.05.02 2016가단5003
토지인도
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B is indicated in the attached Form No. 268 square meters among the 268 square meters in Daegu-gu.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 20, 2015, the Plaintiff owned ownership and intellectual property status 1) The Plaintiff is deemed as the Plaintiff’s land in Daegu-gu, Seogu, Daegu-gu, 268 square meters (hereinafter “instant land”).

(2) On September 20, 2011, Defendant B completed the registration of ownership transfer based on sale on January 21, 2015 with respect to housing of two stories above the ground. (3) On September 20, 201, Defendant B completed the registration of ownership transfer based on sale on July 29, 201, with respect to housing of 21 square meters and its ground.

3) On December 3, 2013, Defendant C completed the registration of ownership transfer on the land and housing owned by the Plaintiff and the Defendants based on a voluntary auction on the same day with respect to the land and housing owned by the Plaintiff on the same day. (4) The land and housing owned by the Plaintiff and the Defendants are generally adjacent to the location and direction as indicated below, and specific size and status of land are indicated in the attached appraisal drawings.

Land and Housing of Defendant C and Housing, and Land and Housing of this case

B. There is an external fence on the boundary of the Plaintiff and the Defendants’ land owned by the Plaintiff. As a result of the boundary surveying, it was confirmed that part of the Plaintiff’s housing owned by the Defendant B was installed on the ground not less than 6m2, which connected each point of 12,11,10,12, among the instant land, on the ground of the 3m2 in the ship connected each point of 12,3,8, and 4m2 in the same appraisal drawing among the instant land. On the ground of 1m2 in the ship connecting each point of 4,3,8, and 4m2, the part of the instant land owned by the Defendant C was a housing unit on the ground of 1m2 in the order of 6,4,7, and 6m2 in the attached appraisal drawing among the land owned by the Defendant C, and on the ground of 1m2 in the order of 6,4,7, and6m2, the land owned by the Defendant,

C. On January 1, 2016, the Plaintiff of the instant new construction project removed existing housing buildings and newly constructed a house with a height of 13.1m high on the ground and a four-story above ground level on the instant land (hereinafter “instant house”).

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