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(영문) 의정부지방법원 2017.06.21 2016나58899
공탁금출급권자 확인의 소
Text

1. Revocation of a judgment of the first instance;

2. Between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), the Korea Expressway Corporation on December 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The ownership and possession of a land and a building on its ground are 1) 3,729 square meters (hereinafter “C land before partition”) before Macheon-si.

(C) On July 20, 1998, 1,070 square meters of land for a factory on July 20, 199 (hereinafter “C land after division”).

(D) 2,659 square meters prior to the division (hereinafter “D land prior to the division”).

(D) On May 4, 2002, the size of 2,659 square meters prior to D is once again 858 square meters (hereinafter “D land after subdivision”).

(E) The size of 66 square meters and 1,735 square meters prior to the division (hereinafter referred to as “F land prior to the division”).

The “F land before division” was divided, and “F land before division” was divided into 79 square meters before F on November 7, 2012 (hereinafter “F land after division”).

) The G land of this case and the G 1,656 square meters (hereinafter “instant G land”).

(2) On February 24, 2014, the instant G land was divided and transferred to the State. (2) On March 14, 1985, the Plaintiff completed the registration of ownership transfer with respect to “A land prior to division” on the ground of an inheritance by agreement division as of March 14, 1985, and leased the existing factory building to H around 196, the Plaintiff completed the registration of ownership transfer with respect to “C land prior to division” on the part of the land prior to division (hereinafter “C land after division”). In around 1994, on the land prior to subdivision, the block structure structure structure structure structure structure structure structure structure structure structure structure structure, 144 square meters, 36 square meters of office-story of block structure structure structure structure structure structure (hereinafter “existing factory building”) and completed the registration of ownership transfer on July 20, 1998, and leased the previous factory building to H around 196.

3) On July 20, 1998, as the factory facilities were insufficient while operating a net factory in the existing factory building, H was before July 20, 1998 as the “C land before division” was divided.

() With the Plaintiff’s consent, “C” on the part of “B before partition” (the pertinent G land is on the instant G land) was used as a factory appurtenant building by constructing a new status survey result, such as a string block structure on the part of the attached sheet and a wood string 132.2 square meters of a wood string-packs shop, with the indication of the current status survey result indicated on the attached sheet (hereinafter “instant G land”).

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