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(영문) 대구지방법원 2016.12.08 2016나7263
토지인도 등
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) In the Gu, Gu, Si, Gu (hereinafter “Plaintiff’s land”) is 443 square meters

As to D June 29, 1946, in the future, on March 15, 1985, each ownership transfer registration was completed in order in F on January 27, 1992. 2) The Plaintiff, the heir of F, was completed on April 28, 2013 for the Plaintiff’s land by reason of inheritance by consultation and division.

B. 1) In the Gu-U.S., Seoul Special Metropolitan City, which is adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

As to H on February 7, 1967, the registration of ownership transfer was completed on October 5, 197, when the defendant's mother on June 24, 1994, and the registration of ownership transfer was completed on May 15, 1998 for the defendant's land. 2) The defendant completed the registration of ownership transfer on May 15, 1998.

3) Meanwhile, the Defendant is the sole heir of I. The Defendant is the Plaintiff’s sole heir. The Defendant currently connects each point of the attached appraisal of the Plaintiff’s land 9 through 19, and 9, in sequence, about 5 m2 in a ship (hereinafter “instant dispute”).

A) The wall of this case (hereinafter “the wall of this case”) is owned and on the ground of the part in the dispute of this case.

. [Ground for recognition] There is no dispute, Gap evidence 1, 2, 4, 8 (if there is a provisional number, including each number; hereinafter the same shall apply).

Nos. 1, 7, 8, and 9; the result of the survey and appraisal conducted by the court of first instance; the purport of the whole pleadings;

2. According to the above facts of recognition as to the cause of the principal lawsuit, the defendant is obligated to remove the fence of this case to the plaintiff, who is the owner of the part in the dispute of this case, and deliver the part in the dispute of this case to the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's defense and the ground for counterclaim

A. On October 5, 1975, the defendant's assertion that the defendant's land and its ground houses were traded in order of H, AJ, AK, AK, AL, AM, and I on the nominal owner of the registry (the actual title was actually traded in order of H, AJ, AK, AM, and I).

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