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(영문) 부산지방법원 2018.02.09 2015가단242524
철거 및 인도
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. 1,014 square meters prior to Busan Seo-gu, Busan (10 square meters) and the annexed drawing (10 square meters).

Reasons

1. Basic facts

A. The land indicated in paragraph (2) of this case (hereinafter “instant land”) and paragraph (1) of this case’s ownership of adjacent land were awarded a successful bid on October 23, 1998, and thereafter the registration of ownership transfer was completed on November 23, 1998 with respect to 1/2 shares of the instant land on December 24, 1998. (2) The adjacent land located on the same side of the instant land (hereinafter “Dong-dong neighboring land”) was owned by the Plaintiff, etc. as of July 9, 1998 after being awarded a successful bid in the voluntary auction procedure, and the Plaintiff and H were awarded a successful bid on May 7, 2015 with respect to 1/2 shares of the instant land.

G factory site, the neighboring land located on the south side of the instant land, was originally owned by Defendant B, and on September 22, 2004, the registration of ownership transfer was completed on November 8, 2005 with respect to the remaining 1/2 shares.

The location of the adjoining land and the instant land shall be referred to in the attached Form No. 2 (9 pages) submitted by the Defendant B.

The Plaintiff and Defendant B, a co-owner of the instant land, used the instant land from December 1998 to August 2004 as follows.

1) Defendant B’s portion of “A” in the line along which each point of the attached Form Nos. 1, 2, 3, 6, 7, and 1 abutting on the meritorious service among the instant land is connected to each point of the instant land (hereinafter “instant land”).

2) The Plaintiff has used the portion of “B” in the same area as the site of a factory located on the same side, which is located on the same adjacent area, in sequence with each point of 3, 4, 5, 6, and 3, such as the same drawing indication as the land adjacent to the same adjacent area, among the instant land.

3) The instant case (the south part of the land has been used as joint access roads.

C. The Plaintiff entered into an agreement on the method of using the instant land with Defendant B on September 1, 2004.

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