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(영문) 청주지방법원 2017.05.19 2016나12190
토지인도 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. After filing an appeal.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts: (a) The Plaintiff is the owner of 86 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”) and 398 square meters in D site (hereinafter “D land”); and (b) the Defendant is the owner of 228 square meters in E large-scale land (hereinafter “Defendant land”).

② The south side of the Defendant’s land adjoins a F ditch 16,299 square meters (hereinafter “instant ditch”). The south side of the instant ditch is the same as that of the instant land, and the south side of the instant plot of land is adjacent to the instant plot of land.

③ Around 1978, the Defendant constructed a house over the Defendant’s land, the ditch of this case, and the instant land (hereinafter “Defendant’s house”), as indicated in the attached appraisal sheet, and completed the registration of ownership preservation in the Defendant’s name on December 13, 1978.

The Defendant’s housing part over the instant land is 36 square meters of a building on the part of “B”, which connects each point of the attached Table 7, 8, 9, 10, 11, 12, 2, and 7, in turn, the appraisal of the instant land.

In addition, the Defendant constructed and used 10 square meters in a warehouse for the part D in the ship connecting each point of 17, 18, 19, 20, and 17, in order to connect each point of the attached Table 13, 14, 15, 16, and 13 to the instant land in the order of indication 13, 14, 15, 16, and 13.

④ The Plaintiff owned a house on D’s land, and on the boundary of the instant land and D’s land, the female lines of the building owned by the Plaintiff on D’s ground, and the warehouse and the teas of the Defendant on the ground of the instant land are mutually adjacent.

⑤ The rent from July 10, 2003 to May 20, 2014 of the instant land appears to have been KRW 1,100,000 for the rent from July 10, 2003 to June 17, 2014, which the Plaintiff seeks, from July 10, 2003 to May 20, 2014. The first instance court recognized only KRW 1,080,00 for the rent calculated for the period from May 12, 2014 to May 20, 2014.

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