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(영문) 창원지방법원진주지원 2015.05.20 2013가단11030
토지인도 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B is marked with the annexed map No. 4, 5, out of 1167m2 in Jin-si, Jin-si.

Reasons

1. Basic facts

A. On August 24, 1990, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) completed the registration of ownership transfer on the land indicated in the Disposition No. 1 (hereinafter “instant real estate”). In fact, the Plaintiff purchased the instant real estate from the Network K around 1972, and the Plaintiff cultivated the instant real estate from the time of the purchase (the purchase cost appears to have been contributed by the network L).

B. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) B (hereinafter “Defendant”) installs a fence with a height of 1.5 meters, width of 20cm, and 12 meters in length on the line connecting each point of 4 and 5 of the instant real estate indicated in the attached Form No. 4 and 5, and occupies a wall with a height of 1.5 meters, width of 20cm, length of 12 meters, and a part of 2,3,4,5, and 2 of the same drawings, which connects each point of 2, 3, 4, 5, and

C. Defendant C installs a fence with a height of 1.5 meters, width of 20cm, and nine meters in length on the line connecting each point of the separate sheet Nos. 5 and 6 among the instant real property, and occupies a part of 21 square meters in the ship connected to each point of the same map Nos. 1, 2, 5, 6, and 1 (hereinafter “section”) in order to connect each point of the same map No. 1, 2, 5, 6, and 1.

Defendant B used the portion(c) portion(d)(iv) as each house or unit(s) portion(d) as the part of the village development project, each of which was newly constructed as part of the village development improvement project implemented on the land adjacent to the real estate of this case around 1980.

E. The Plaintiff and the Defendants, among the instant land, use the portion of 138 square meters in part (b) in the ship connecting each point of the attached Form No. 4, 5, 6, 7, 8, 9, 16, 17, and 4, as the passage of the instant land, and Defendant D, among the instant land, uses the portion of 56 square meters in the part (v) in the ship connecting each point of 9, 10, 11, 12, 13, 14, 15, 16, and 9 of the attached Form No. 4, 6, 7, 8, 9, 16, 17, and 4 as the passage of the said Defendant’s residential area.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, 6, 7, 10, 11, and Eul evidence Nos. 1 and 2, witness M's testimony and pleading.

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