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(영문) 의정부지방법원 2015.01.27 2014가단101767
토지인도
Text

1. The Plaintiff (Counterclaim Defendant) indicated the Plaintiff’s appraisal No. 2 attached Form 4, 5, 6, and 2, among the 2,777 square meters of the 2,777 square meters before Bocheon-si D to the Defendants (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. The Plaintiff is the son of the net E, and the son of the net F, and the net G is the son of the net E and the son of the net F.

Defendant C is a child of the above G, and Defendant B is a wife of the above G.

Therefore, the plaintiff and defendant C are the fourth degree of relationship, and the plaintiff and defendant B are the third degree of relationship.

B. In around 1964, the net G was married with Defendant B, and the net F and the net G’s shapes, which were the headquarters of the network G at the time, were located on November 26, 1964, up to November 26, 1964, the appraisal No. 2 attached No. 4, 5, 6, 7, 13, and 4 attached hereto, which were linked in sequence to the land of this case, from November 26, 1964. The net G and the Defendants resided on July 19, 1964 (hereinafter “instant housing”). However, the net G and the Defendants resided in the said housing.

C. However, at the time of the completion of the above housing, the pertinent land was registered under the name of Nonparty H on the registry, but the deceased E completed the registration of ownership transfer on the land of this case on March 15, 1974.

On June 19, 1985, the Plaintiff, as the deceased E, completed the registration of ownership transfer as the receipt No. 2166 of July 19, 199 on the land of this case by agreement and division.

E. The Defendants died, and up to now, have installed containers, plastic houses, warehouses, toilets, etc. on the part of 661m2 attached Table 1 on the ship which connects 4,5,6,7,13, and 4 of the appraisal No. 2 attached hereto, which are the neighboring land necessary for the instant housing and its use, to the extent that the Defendants are occupying them, as shown in the appraisal map No. 1 attached hereto. 661m2.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and 6, appraiser I's appraisal result, the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. According to the above facts of recognition as to the cause of the principal claim, the Defendants are also attached to the Plaintiff, the owner of the instant land, except in extenuating circumstances.

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