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(영문) 부산지방법원 2014.07.23 2013가단51670
부지인도 등
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. The attached appraisal No. 1, 2, and 2 are indicated on the Plaintiff (Counterclaim Defendant) among the land of 4640 square meters in Kimhae-si.

Reasons

1. Basic facts

A. On May 30, 1996, the Plaintiffs completed the registration of transfer on the ground of the termination of trust on May 25, 1996, with respect to the Plaintiff A’s 3637/461 shares, and the Plaintiff B’s 1024 shares, among the instant land (the previous land was 4661 square meters, but 20 square meters were divided into Kimhae-si, June 10, 201).

B. On October 4, 1985, the Defendant completed the registration of transfer of ownership made on September 21, 1985 with respect to F forest size 9917 square meters (hereinafter “Defendant-owned land”) of F forest land in Kimhae-si, Kimhae-si, Kim Jong-si, 1917 square meters (hereinafter “Defendant-owned land”) adjacent to the instant land.

C. Of the instant land, the Defendant owns a house on the part (B) part (B) of 677 square meters on the ground connecting each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 1 in sequence, among the instant land (hereinafter “the instant flooded part”), a toilet in the part (c) and a toilet in the part (c) and a container in the part (d) and a warehouse in the part (e) 5, and a well, a gate, 6, and Mono (hereinafter “instant ground object”) in the part of the instant land, and owns and uses the instant flooded part as an orchard site.

Of the instant land, the sum of actual rent from June 1, 2003 to March 31, 2014 is KRW 8,778,000, and monthly rent from June 1, 2013 to March 31, 2014 is KRW 105,00.

[Ground of recognition] The fact that there is no dispute, entry and video of Gap evidence 1 through 8 (including each number; hereinafter the same shall apply), the result of the on-site verification by this court, the result of the request for survey and appraisal of the Korea Intellectual Property Corporation by this court, the result of the request for appraisal of rent to appraiser H by this court, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim of the principal lawsuit, the defendant occupies and uses the part of the crime of this case among the land of this case through the ownership of the land of this case, and thereby, without any legal cause, uses the part of the crime of this case.

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