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(영문) 부산지방법원서부지원 2019.12.10 2018가단111197
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) is not less than 734 square meters of Gangseo-gu Busan river, Gangseo-gu, the Plaintiff (Counterclaim Defendant).

A. Attached Form 1 No. 8,9.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 28, 2013, the Plaintiff purchased from E a river of Gangseo-gu Busan Metropolitan City (hereinafter “instant river”) for a size of 734 square meters, and completed the registration of ownership transfer in his/her name on July 11, 2013.

B. On October 14, 2002, the Defendant purchased from F the instant site D large 2013 square meters (hereinafter “instant site”) from G, respectively, the instant site from G, and completed the registration of ownership transfer in its name on January 20, 203.

C. Of the instant rivers, there is a reinforced concrete retaining wall with a height of 47.7 meters installed by the former owner of the instant building site on the line connecting each point of 8,9,10,11,12 of the attached drawing Nos. 1 among the instant rivers, and a cement block wall with a height of 0.7 meters installed by the former owner of the instant building site on the instant retaining wall (hereinafter “the instant retaining wall and wall”). The portion between the part on which the retaining wall and the wall are installed among the instant rivers and the part on which the instant building site are located is connected in order of each point of 6,7,8,9,9,10,11,12, and 6 of the attached drawing Nos. 28 square meters (b) are currently being used by the Defendant for the instant industrial complex No. 1 as the instant industrial complex No. 1.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 9 (including the number of branches), the branch office of the Korea National Land Information Corporation in this court, the result of each request for surveying and appraisal of H Corporation, the result of the fact inquiry by this court against the branch office of the Korea National Land Information Corporation in Land Information Corporation, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination on the main claim

A. According to the above facts of determination as to the cause of the claim, the defendant, the owner of the retaining wall and the wall of this case, uses the land 1 of this case as a chemical unit to occupy and use the plaintiff's river of this case.

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