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(영문) 대전지방법원천안지원 2017.06.15 2016가단5517
토지인도
Text

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

A. The attached appraisal map 1.2 shall also be marked in the area of 1,636 square meters in the area of 1,636 square meters in Dong-gu, Chungcheongnam-gu

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 18, 2007, the Plaintiff purchased 1,636 square meters prior to Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “instant land”) and completed the registration of ownership transfer on the instant land on the grounds of this.

B. Meanwhile, on May 1, 1980, the Defendant received a donation of 169 square meters (hereinafter “Defendant-owned land”) located adjacent to the instant land, Dong-gu, Nam-gu, Dong-gu, Dong-gu, Seoul (hereinafter “Defendant-owned land”). The Defendant completed the registration of ownership transfer on May 18, 1993.

C. Among the instant land, the indication of the attached appraisal sheet No. 1, 2, 3, 4, 5, 6, 7, and 1 on the ship connected in order to each point of (i) the part of (i) the pipe pole 2m2 square meters above that of the instant land (hereinafter “instant provisional building”) and the indication of the attached appraisal sheet No. 62m2

8.9. 10,000 square meters of the wall (hereinafter “the wall of this case”) connected in order to each point of 10,000,000 square meters, is constructed or installed by breaking the boundary of the land of this case owned by the Defendant. The Defendant, from that time, occupies and uses the part (a) of the land of this case and 62 square meters of the part (b) and 4 square meters of the land of this case (hereinafter “the part in this case”) by the building of this case and fence until then.

The total annual rent from January 24, 2007 to December 21, 2016 for the part (i) of the instant land is 1,498,000 won, and the annual rent from December 22, 2016 to December 21, 2017 is calculated as 16,000 won per annum (monthly 14,000 won), and the annual rent thereafter is confirmed as the same amount, barring any special circumstances.

In addition, the total annual rent from January 24, 2007 to December 21, 2016 for the part (ii) of the instant land is KRW 96,600, and the annual rent from December 22, 2016 to December 21, 2017 is calculated as KRW 10,700 per annum, and the subsequent annual rent is ratified as the same amount, barring any special circumstances.

【Ground for recognition” has no dispute, Eul's No. 2, and appraiser E.

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