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(영문) 의정부지방법원 2017.04.06 2016나54736
소유권이전등기
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and incidental appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Appeal and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The reasoning of the judgment of this court, which cited the judgment of the court of first instance, is as follows, except for adding the following circumstances between “the land in this case was clearly divided,” and “the time when the plaintiff occupies the land in this case” in Section 5, Section 8 of the judgment of the court of first instance, and “the time when the plaintiff occupies the land in this case,” and thus, citing it pursuant to the main sentence of Article 420

(1) The court of first instance and the court of first instance find it difficult to change the facts and judgment acknowledged by the court of first instance even if the evidence duly admitted and examined by the court of first instance. The plaintiff's main claim is dismissed, and the judgment of the court of first instance which cited part of the claim based on the statement of evidence No. 27 as to the defendant's counterclaim, the market price and the appraisal result of appraiser M's appraisal, is justifiable, and all the plaintiff's appeal and the defendant's incidental appeal are without merit.] [Additional part] The person who purchases the land generally confirmed in advance by drawing, etc. the location, shape, area, etc. of the land he/she intends to purchase, and goes further to purchase. The land in this case is located in a state surrounded by the land in this case, which is wholly connected with H land and C, which is owned by the plaintiff. Thus, the plaintiff's appeal and the court of first instance are dismissed since it is difficult to see that the plaintiff, as a factory operator, had different knowledge about the existence and location of the land in this case.

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