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(영문) 수원지방법원평택지원 2017.11.10 2016가단50837
토지인도
Text

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

(a) Appendix B 1,656 square meters of land for a factory in Ansan-si in Gyeonggi-do, and the main office.

Reasons

1. Basic facts

A. On January 22, 1997, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) acquired the ownership of B 1656 square meters of land for a factory (hereinafter “Plaintiff’s land”) at Ansan-si in Gyeonggi-do, and on April 11, 1997, a person who completed registration of the preservation of ownership of a factory building (hereinafter “Plaintiff’s building”) on the ground, and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) acquired the ownership of C259 square meters of land for a factory (hereinafter “Defendant’s land”) and a factory building on the ground (hereinafter “Defendant’s building”) at Ansan-do adjacent to March 6, 2003.

B. The cadastral boundary line of the land owned by the Plaintiff and the land owned by the Defendant, despite being selected and appointed in sequence with each point indicated in the table of 12 to 18, was actually installed with the line that connects each point indicated in the table of 48 to 53, and 12.

C. As a result, the part 24 square meters in the ship connected in order to each point of 54, 55, 56, 17, and 54, among the Plaintiff’s land, is constructed in breaking the Defendant’s building. The part 291 square meters in the ship connecting each point of 48 through 51, 15, 16, 56, 17, 54, 18, 23, and 48, in turn, are occupied by the Defendant as a parking lot, etc. According to the appraiser D’s appraisal of rent, unjust enrichment equivalent to 22,580,200, and annual rent equivalent to 290,000,000 won from July 1, 2007 to December 28, 2016 is equivalent to 20,000 won after December 29, 2016.

In addition, among the defendant's land, part 22 square meters of the part 1 of the ship connecting each point of 14, 13, 50, 49, 48, and 14 of the annexed drawings 1 of the counterclaim among the defendant's land is constructed by subsidenceing the 14, 13, 12, 53, 52, and 51 of the annexed drawings 2 of the counter allegation 51, 14, 13, 12, 53, 52, and 51, the part 20 square meters of the ship connected each point of 40 square meters of the above part 40 square meters of the previous drawings. According to the appraiser D's rent appraisal, the amount equivalent to the rent from July 1, 207 to December 28, 2016.

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