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(영문) 창원지방법원마산지원 2015.08.26 2014가단10192
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) is not less than 1,910 square meters prior to C in Changwon-si, Changwon-si, the Plaintiff (Counterclaim Defendant)

(a) Appendix 1 drawings;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. From February 2010, the Defendant raised a dog by installing dogs, etc. on part of part of 12,654 square meters of the 12,654 square meters of the Masan-si, Changwon-si, Seoul Special Metropolitan City, which was owned by the Plaintiff.

As the land before subdivision was divided into several lots on May 29, 2012, the place where the Defendant raised a dog was classified into KRW 1,653 square meters in a ship (hereinafter “instant land”) which connects each point of the attached Table 1, 2, 3, 4, 12, 7, 8, 9, 10, 11, and 1 in sequence among the attached Table 1,910 square meters before C.

B. The Plaintiff owned a 41,987 square meters of forest E in Msan-si, Changwon-si, Changwon-si, Masan-si. However, on August 8, 2012, the said land was divided into 388,896 square meters of forest E, F forest land 1,653 square meters, G forest land 1,438 square meters, and the Defendant completed the registration of transfer of ownership on August 21, 2012 with respect to F forest land 1,653 square meters of forest E (hereinafter “F”).

C. After completing the registration of transfer of ownership as described in the foregoing Paragraph (b), the Defendant moved to F any dog on the instant land.

[Ground of recognition] Unsatisfy, Gap evidence 1-1-6, witness H's testimony, result of on-site inspection conducted by this court, appraiser I's result of survey and appraisal, the purport of the whole pleadings

2. Determination as to the principal lawsuit and the counterclaim

A. The gist of the Plaintiff’s assertion is that the Defendant without title has occupied the instant land owned by the Plaintiff with checks and waste materials, etc., and thus, the Plaintiff should remove the checks, etc. and deliver the instant land to the Plaintiff.

B. The gist of the Defendant’s assertion is that the Defendant purchased the instant land from the Plaintiff, not F, and thus, did not have a duty to deliver the instant land to the Plaintiff, and the Plaintiff must implement the procedure for the registration of ownership transfer

(c) insofar as the authenticity of the judgment document is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the content of the document, and shall state it.

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