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(영문) 대구지방법원 2017.09.28 2017나3817
건물부분철거 및 대지일부인도 청구
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The scope of the judgment of this court and the designated parties D in the first instance trial against the Defendant; ① among the land in this case, the appraisal of the attached Form 2, 3, 4, 16, 15, and 2, among the attached Table 2, 4, 15, and 2 (hereinafter “instant land”); ② the removal of the above part of the “bbbb” 4m2; ② the delivery of the attached Table 6, 7, 8, 19, 18, 17, and 6m2 connected each part of the instant land (hereinafter “c c c m2”); ③ the delivery of the parts of the “c m 3m 2” portion connected to the instant land (hereinafter “the instant land”); ③ the Defendant’s request for removal and removal of each of the above part of the “B” 4m 2, which connected each part of the attached Table 3m 2, 300m m2, 10, 11, and 9.

In this regard, only the plaintiff and the designated parties D have appealed to request the delivery of the Mar. 3 and 4 parts of the instant case, so this Court is limited to the claim for delivery of the Mar. 3 and 4 parts.

2. Basic facts

A. The Appointor D purchased the instant land on March 11, 2008 and completed the registration of ownership transfer on March 14, 2008. On October 4, 2016, the Plaintiff completed the registration of ownership transfer for 1/10 shares out of the instant land on the ground of donation.

B. On January 25, 1985, the Defendant purchased 729 square meters (hereinafter “Defendant’s land”) adjacent to the instant land, and completed the registration of ownership transfer. On December 16, 1997, the Defendant completed the registration of ownership preservation on the Defendant’s land-based housing (hereinafter “Defendant’s housing”).

C. The defendant's access to the defendant's land and housing is the road (hereinafter referred to as "the road of this case"), which is located in the above H, I, J and this case's C/D.

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