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(영문) 인천지방법원 2015.08.12 2014가단29086
부당이득금반환 및 토지인도 청구
Text

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

A. Attached Form 1 is among the 400 square meters of land for gas station in Bupyeong-gu Incheon Metropolitan City H.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on May 9, 2001 with respect to H 400 square meters of land for gas station in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant land”) on the ground of the donation made by May 7, 2001.

B. The network I completed the registration of ownership transfer on November 13, 1979 on the ground of the sale on November 10, 1979, with respect to the land of Bupyeong-gu J 99 square meters adjacent to the instant land (hereinafter “instant land”). Around that time, he acquired ownership as to the unregistered household houses on the instant land (hereinafter “instant building”).

C. The deceased I (hereinafter “the deceased”) died on February 27, 2006, and accordingly, the Defendants, his heir, acquired the ownership of the instant land and the instant building.

Part of the building of this case is located on the ground of this case, and specifically, among the buildings of this case, warehouses at the point below cement tanks and the stairs thereof are located on the ground of the part of (b) 8 square meters in the ship connected in sequence of each point of (b) No. 10, 16, 17, 8, 9, 10 of the annexed drawing No. 1, and the stairs and stairs mold of this case among the buildings of this case are located on the ground of the annexed drawing No. 8 square meters (hereinafter referred to as "not less than 8 square meters in the part of (b) of this case"). Among the buildings of this case, the part of cement stairs and stairs mold of this case among the buildings of this case is located on the ground of 3 square meters in the part (c) (hereinafter referred to as "the part of (c) of this case") connected in order of each point of

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 5, Eul evidence 1 through 9 of Eul evidence 3-1 to 9 of this Court, the result of the measurement entrustment to the North Vice-Governor of the Korea Cadastral Center of Incheon Metropolitan City on September 22, 2014, the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. 1) According to the above fact of recognition, the part of the building of this case owned by the Defendants is located on the part 8 square meters in the part 8 square meters and the part 3 square meters in the part 3 square meters in the instant case owned by the Plaintiff, and the Defendants occupy the part 8 square meters in the instant case (2) and the part 3 square meters in the 3

(c).

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