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(영문) 춘천지방법원 강릉지원 2017.02.14 2016나50921
토지인도 등
Text

1.The judgment of the first instance, including the preliminary claim added at the trial, shall be modified as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. In the 9917 square meters of forests and fields D in Gangseo-si, which had been owned by the network C (referring to the Plaintiff’s attachment), there was 12 lighting seedlings of the network C.

B. From around 1978, the Defendant, from around 1978, managed 12 birds of the deceased tomb in the above forests and fields, was living in the eleung-si E-si and 1177m2 in Fancheon-si (hereinafter “each of the instant lands”), which was owned by the deceased C, and kept the farmer while living in the field of housing, etc.

The Defendant’s housing, etc. is, in turn, a warehouse and a toilet on the ground of 22 square meters connected with each point of 65, 58, 59, 60, 61, 62, 63, 64, and 65 indicated in the attached reference table among the instant land, and a 70, 71, 72, 73, and 70 square meters connected to each point of 70, 71, 74, 74, 75, 67, 66, and 5 of the attached reference table among the instant land, the “vout” portion of the “vout” portion connected to each point of 5,6, 44, 45, 68, 67, 66, and 38 square meters connected to each point of 38 square meters in the same reference table, and the same reference table as the “vout 6,7,80, 81,428,76,747,745,7.

(hereinafter referred to as “instant housing” in the aggregate of the above facilities and buildings.

The plaintiff is residing in Germany from the mid-190s in the middle of the 1990s, and as the deceased, the plaintiff completed the registration of ownership transfer for each of the land of this case due to the inheritance due to the division of agreement on November 29, 2005.

【In the absence of dispute over the grounds for recognition, Gap evidence 1-1, 2, 3, Gap evidence 2-1 through 4, each entry of Gap evidence 8, the result of the on-site inspection by the court of the first instance, the result of the measurement and appraisal by the court of the first instance, the result of the entrustment by the court of the first instance to the chief of the Gangwon National Land Information Corporation,

2. Judgment as to the plaintiff's primary claim

A. According to the above facts as to the removal and the request for extradition, the Defendant occupied each of the instant land owned by the Plaintiff, and owned the instant house on that ground. Thus, the Defendant, barring special circumstances, shall not be deemed to have existed.

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