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(영문) 수원지방법원여주지원 2015.05.14 2014가단7010
시설물철거 및 토지인도 등
Text

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

A. Of the real estate listed in the attached Form, the indication of the attached Form 1 and 8 shall be as follows.

Reasons

1. Basic facts

A. On May 20, 201, the Plaintiff completed the registration of ownership transfer on the real estate stated in the separate sheet (hereinafter “instant real estate”) on June 2, 201.

B. (1) The Defendant completed the registration of transfer of ownership on August 30, 1990 on the ground of sale on August 17, 1990, with respect to the 259 square meters adjacent to the instant real estate.

Sheet Defendant owned 4 square meters on-board concrete fences connected with each point of the items indicated in the separate drawings Nos. 1 and 8 among the instant real property, and on-board 1,13,14,10,11 among the instant real property, the part of “creamble” (hereinafter “the instant land”) above ground storage and 4 square meters connected with each point of the items indicated in the separate drawings Nos. 1,8,9,9,10,11,12, and 8 square meters in sequence among the instant real property, and occupied 8 square meters in the portion of “bb” (hereinafter “instant land”).

[Ground of recognition] Unsatisfy, Gap evidence 1-12, 3, 6, 7, 8, Eul evidence 1, Eul evidence 1, the result of the request for supplementary appraisal to the Gyeonggi-do Headquarters of the Korea Cadastral Corporation, the purport of the whole pleadings

2. We examine the principal lawsuit and counterclaim together.

A. According to the judgment as to the cause of the principal claim, barring any special circumstance, the Defendant is obligated to remove each of the concrete fences on the line connected with each of the items indicated in the attached Form 1 and 8 among the instant real estate, and the instant real estate, the land storage and 4 square meters on the ground of the instant3, among the instant real estate, and deliver eight square meters of land to the Plaintiff, who is the owner of the instant real estate.

B. (i) The Defendant’s judgment on the Defendant’s assertion or counterclaim’s claim is based on the superficies for 30 years with respect to the land in this case, and therefore, the Defendant asserts that there exists a right to possess 8 square meters of the land in this case. However, there is no evidence to acknowledge that the Defendant acquired superficies for 30 years with respect to the land in this case.

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