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(영문) 인천지방법원 2015.11.19 2014가합5544
토지인도등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B is marked with the annexed map No. 106.2 of 8,305 square meters prior to Incheon Seo-gu, Incheon.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner who owned L, M, N,O and owned land (hereinafter “each of the instant land”) with L, M, N, and H, H, G, D, E, and F land (hereinafter “each of the instant land”) (the Plaintiff inherited each of the instant land jointly with P, L, M, N, andO on November 25, 1974, and owned 3/9 of them, but succeeded to 2/90 of the instant P shares on January 27, 2012).

B. Defendant B’s each land of this case is ordered as per Disposition No. 1-A.

As described in the same paragraph, the steel pipe plastic greenhouse, toilet, warehouse, container, container, container, air room, and NA, etc. (hereinafter “the instant ground object”) shall be installed and possessed by the person who occupies each of the instant land.

C. From Defendant B on August 15, 2013, Defendant C established on the land of this case from each of the instant lands around August 15, 2013, No. 1-B

It is a person who leases a vinyl house on the port (hereinafter “the vinyl house of this case”) and uses the said vinyl house as a fireworks farmer.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, and 17 (including each number; hereinafter the same shall apply), Gap evidence Nos. 6-1 through 13, the result of the request for appraisal of appraiser Q of this court for cadastral surveying, the purport of the whole pleadings

2. As to the main claim

A. 1) The Plaintiff did not have concluded a loan agreement with the Defendant B. Nevertheless, Defendant B was obligated to remove the instant ground water and deliver each of the instant land to the Plaintiff, who is the co-ownership right holder of each of the instant land, and Defendant C, who leased the instant vinyl installed on the land from Defendant B, is obligated to leave the instant vinyl. (2) The Defendants were between the Plaintiff and the Plaintiff on January 2008, as the land of this case.

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