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(영문) 전주지방법원 정읍지원 2018.07.12 2016가단3988
배수관철거 및 토지인도 등
Text

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

A. Attached Form 1, 14, 15, 15.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff’s husband, F, the husband of the Plaintiff, is the Plaintiff’s land-ownership relationship: F, the husband of the Plaintiff, is the Plaintiff’s husband, which is the Plaintiff’s husband C, 55m2 (hereinafter “instant land”).

2) As well as D 833 square meters (hereinafter “instant land”)

After completing the registration of ownership on January 3, 2003, the Plaintiff died on January 3, 2003. The Plaintiff completed the registration of ownership transfer on the land Nos. 1 and 2 on November 3, 2016 due to inheritance by agreement division as of January 3, 2003. 2) The Defendant completed the registration of ownership transfer on October 18, 1984 as to the land No. 774 square meters (hereinafter “third land of this case”) for sale on March 1, 1971.

B. 1) The Plaintiff is a warehouse with a size of 15 square meters on the ground of the instant land and a toilet building (hereinafter “instant toilet”).

(2) On April 13, 2014, the Defendant installed multiple numbers of reinforced concrete fume pipes and plastic draining pipes in the vicinity of each of the instant land on April 13, 2014. On the following grounds: (a) The drainage pipe on the part (f) in the part (g), (g) the part (i) the part (g) the area of which is 13 square meters, (i) the part (i) the part (g) the part (g) the part (i) the part (i) the part (i) the part (i) the (i) the part (i) the part (i) the 11 square meters of land, and (ii) the part (i) the part (i) the 11 square meters of land was installed

3) On the land of this case, the Defendant planted trees, etc. on the land of this case, and the trees located on the area of 40 square meters in the attached Form 2 specification (l) of the attached Form 2 were planted by erosion of the land of this case. [In the absence of any dispute over the grounds for recognition, each entry of Gap 1, 2, 4 through 6, Eul 3 and 5 evidence, each entry of Gap 1, 2, 4 through 6, and Eul 3 and 5 evidence, the result of each entrustment of appraisal to the branch offices of the Korea Land Information Corporation

2. Determination as to the claim on the principal lawsuit

A. The judgment on the cause of the claim is that the Defendant: (a) invadeds the land Nos. 1 and 2 of this case owned by the Plaintiff and installs a drainage pipe; and (b) planting trees, thereby hindering the Plaintiff’s ownership.

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