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(영문) 전주지방법원군산지원 2014.09.05 2013가단8408
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) B, and Defendant C, respectively, to the Plaintiff (Counterclaim Defendant):

A. Attached Form 1. Of the area of 351 square meters prior to Dorasan-si.

Reasons

1. The judgment on the cause of the principal lawsuit is that the Defendants occupied and used part 482 square meters of “A” (hereinafter “instant dispute land”) for warehouse sites, gardening, etc., and the amount equivalent to 11,182,360 square meters from November 1, 2003 to June 30, 2014 of the instant dispute land did not conflict between the parties or can be recognized by comprehensively taking account of the results of each appraisal by Gap 1,20, Eul 21, 9, 10, 11, 12, 13, and 18 among the instant land owned by the Plaintiff.

Therefore, the Defendants are obligated to remove the structure on the land in the dispute of this case, deliver the land in the dispute of this case, and pay for unjust enrichment of 11,182,360 won, which is equivalent to the rent, and for delay after the delivery of the application for alteration of the purport and cause thereof, as of July 7, 2014, unless there are special circumstances to the Plaintiff.

2. Determination as to the defendants' defense and counterclaim

A. The summary of the claim is the defendants: He purchased the land in this case from the deceased H around 1945, and occupied it in a peaceful manner with the intent to own the first house on the ground. Around 1979, the deceased I (the father of the defendant C) acquired the J land in this case and occupied the land in this case as a garden, etc. after moving the house to another garden. Since he succeeded to it, the plaintiff's father acquired the ownership of the land in this case by the deceased K on March 22, 1970, after the completion of the prescription of possession on March 22, 1990, he had a legitimate title to occupy the land in this case, and the plaintiff's father acquired the ownership in this case.

Plaintiff

The defendants only possessed the land in the dispute of this case from around 1994 when they constructed a warehouse with the permission of the plaintiff's fleet, and they cannot acquire the prescription by reason of falling under the possession of a third party.

나. 판 단 ▷다음과 같은 사정에...

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