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(영문) 대구지방법원 2016.07.05 2015가단115463
건물철거 및 토지인도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the area of 957 square meters prior to Yongcheon-si D, the attached Form 1 Map 8, 19, 19.

Reasons

1. In fact, the Defendant owns a house with a size of 469 square meters (hereinafter “Defendant’s land”) and a house on the ground before Yeongdeungpo-si, Youngcheon-si.

In adjoining the Defendant’s land, there is a 957 square meters (hereinafter “Plaintiffs’ land”) prior to the D. This is originally owned by F and G by each of 1/2 equity shares. However, the Plaintiffs acquired both F and G equity shares on March 19, 2015 and completed the registration of ownership transfer each of 1/2 equity shares.

After acquiring the ownership of the land of the Plaintiffs, the Plaintiffs tried to remove one waste warehouse located in the adjoining part of the land of the Plaintiffs and the Defendant’s land. The Defendant asserted that the land of the waste warehouse is owned by the Defendant and agreed to the Plaintiff’s usual coal work.

Accordingly, on May 10, 2015, the Plaintiff A (the Plaintiff as the husband and wife represented the Plaintiff B) and the Defendant drafted a written agreement (hereinafter “instant agreement”) with the following contents.

1. A(=Defendant) owns and transfers to B the part of the northwest part of the land E (=Plaintiffs) part to the northwest part, and B acknowledges and registers the ownership of the actual possession part.

2. The expenses of boundary surveying shall be borne by the party.

3. The expenses for transferring the registration of shares in the divided portion shall be borne by each party;

After the formation of the instant agreement, the parties had posts attached to the waste warehouses and the buildings owned by the Defendant, and displayed them by linking them to be diversed between the diversh (c) and the South and North Korea.

(Attachment No. 18 and 19). However, as a result of the measurement based on the results, if the standard line is located in the land owned by the plaintiffs as shown in the separate sheet, the land owned by the defendant is not transferred to the plaintiffs. However, while the land owned by the defendant is not transferred to the plaintiffs, the land owned by the plaintiffs, including the part in the separate sheet No. 2 in the separate sheet No. 5, No. 6, 7, 8, 9, 19, 18, and 5, including the part in the separate sheet No. 2.

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