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(영문) 대구지방법원 2017.06.21 2016나307314
건물철거 및 토지인도 등
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit is revoked, and that part constitutes the revoked part.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is the owner of the land in Yongcheon-si, E, 469 square meters (hereinafter “Defendant’s land”) and the housing on the ground thereof.

B. The Plaintiffs are married couple, and purchase from F and G on March 18, 2015, 957 square meters (hereinafter “Plaintiffs’ land”) prior to Yong-si, Yong-si, U.S., attached to the letter of the Defendant’s land, and completed the registration of ownership transfer on March 19, 2015, respectively.

C. On April 8, 2015, the Plaintiffs conducted a boundary restoration survey on the Plaintiffs’ land, and thereafter, there was a dispute between the Defendant and the Defendant regarding whether the boundary has been invaded, while engaging in flatization work on the Plaintiffs’ land.

Accordingly, on May 10, 2015, the Plaintiffs (the Plaintiff appears to have represented the Plaintiff A) and the Defendant (the Defendant’s son represented the Defendant) drafted an agreement with the following contents:

(hereinafter “this case’s agreement”). 1. The Defendant owned and transferred the part from the northwest part of Defendant’s land to the Plaintiffs to the Plaintiffs, and the Plaintiffs are entitled to recognize the ownership of the Defendant’s real possession and transfer registration.

2. The costs of boundary surveying are assessed against the Plaintiffs.

3. The expenses for the transfer of the share registration for the divided portion shall be borne by each party.

E. According to the instant agreement, the Plaintiffs and the Defendant set up a new survey line (hereinafter “instant survey line”) between the Plaintiffs’ land and the Defendant’s building located near the boundary of the Defendant’s land, and between the two Koreas.

F. However, as a result of the cadastral status survey conducted on May 28, 2015 on the basis of the instant survey line, it was found that the instant survey line was located inside the Plaintiffs’ land as a line connecting each point of 18,19, indicated in the Appendix 2 Map No. 18 and 19.

G. On May 28, 2015, the Defendant transferred KRW 1 million from the account under the name of ASEAN to the Plaintiff A’s account.

[Ground of recognition] without any dispute, Gap evidence 1, 9, Gap evidence 2-1, 2, and 3-2.

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