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(영문) 춘천지방법원 2015.03.04 2013가단13514
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of the lawsuit shall be:

Reasons

1. The following facts may be found either in dispute between the parties or in combination with Gap evidence Nos. 1, 2, 3, and 7, evidence Nos. 6-1, 2, and 10-1 through 7, evidence Nos. 10-1 through 6, Eul evidence No. 2, evidence Nos. 3-1, 2, 3, and Eul evidence Nos. 4-1 through 4, evidence Nos. 7, 8-1, 2, 3, 9-1, 2, and 9-1, 2, and 9-2, the records and images of this court’s on-site verification results, and the whole purport of arguments as a result of appraiser E’s appraisal.

(1) On June 29, 1990, the Plaintiff completed the registration of ownership transfer with respect to each of the 3,917 square meters in Hongcheon-gun, Hongcheon-gun, Gangwon-do, D 583 square meters in size, and 1,517 square meters in size before F. On August 24, 2011, the Plaintiff completed the registration of ownership transfer with respect to land C and D in the future of the Korea Rural Community Corporation.

(2) On August 24, 2011, the Plaintiff leased C and D land from the Korea Rural Community Corporation, and is engaged in farming within three parcels of land as set forth in the said paragraph (1).

B. The Defendant’s land use relation (1) purchased from J the land of 58 square meters in G, G 588 square meters in G, H, 1,613 square meters in H, and 1,045 square meters in I, and completed each registration of ownership on September 12, 2013.

(2) On March 26, 1969, K, the Defendant’s attached, completed the registration of ownership transfer on L 5,683 square meters, and the Defendant is engaged in farming by leasing L land from K.

(3) Around July 2013, the Defendant purchased G land, H land, and I land, and then arranged the land.

C. The location and status of the Plaintiff and the Defendant’s land (1) are as indicated in the annexed Form 2, and the land of the Plaintiff and the Defendant is indicated in the direction of the lower part of the land from the notified part, and the land of the Plaintiff and the Defendant is indicated in the direction of the lower part of the lower part of the land.

(2) The Plaintiff’s land and D are both used as dry field (dry field). The Defendant’s land is also used as dry field (dry field).

(3) The plaintiff is a land C and D, as stated in the separate sheet No. 1 and the counterclaim claim.

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