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(영문) 광주지방법원 목포지원 2018.11.14 2016가단53600
토지인도
Text

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

(a) Appendix 5,164 square meters of Magyeong-gun, Chungcheongnam-do.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff’s land erosion relation 1) Jeonnam-do H-gun Hambro 314 square meters (hereinafter “Plaintiff’s land”) is the Plaintiff’s land

) The Plaintiffs’ mother A (hereinafter “the deceased”) is the mother of the Plaintiffs.

(2) Around December 2, 1986, the Defendant (hereinafter “Defendant”) newly constructed a building listed in the attached Table No. 1 (hereinafter “Defendant”) in J on the said land on December 20, 2004 and completed the registration of ownership transfer on December 20, 2004. As the Deceased died on August 3, 2017, the Plaintiffs succeeded to one-fifth shares of each of the Plaintiffs. (2) On the death of the deceased, the Plaintiff purchased 1/5 square meters adjacent to the Plaintiff’s land and completed the registration of ownership transfer on November 7, 1986, the Plaintiff purchased 225 square meters adjacent to the Plaintiff’s land (hereinafter “I land”) and completed the registration of ownership transfer on December 20, 204, and constructed the registration of ownership transfer on December 30, 2004. The Defendant indicated the Plaintiff’s land on the attached Table No. 54 square meters as “the Plaintiff’s land adjoined to the Plaintiff’s land.”

B. The Defendant’s land erosion relation 1) The land owned by the Defendant is located in the 5,164 square meters adjacent to the Plaintiff’s land in Magyeong-gun, Chungcheongnam-do (hereinafter “Defendant’s land”).

(2) On August 2, 1921, the Defendant is the land owned by the Defendant, which completed the registration of ownership transfer by the Busan District Court’s Mau District Office No. 6367. 2) The Deceased constructed a building listed in the attached Table No. 2 (hereinafter “previous building”) on the Plaintiff’s land, and completed the registration of ownership preservation on June 26, 1984 by the Gwangju District Court’s Hau Registry No. 9898.

After that, on December 2014, the Deceased removed the previous building and newly built a large-scale aggregate steel structure detached house (hereinafter “Plaintiff’s building”), and the number of the Plaintiff’s land “cadastral map” in attached Form I is erroneously indicated as K.

The part of the indication (D) is 12 square meters away from the Defendant’s land and is constructed.

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