토지인도
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
1. The assertion and judgment
A. The gist of the Plaintiff’s assertion is that the Defendant installed the sidewalk and sewage pipe (hereinafter “instant sidewalk block, etc.”) on the sidewalk and sewage pipe (hereinafter “instant dispute land”) connected with each point of (b) and (c) part 20.1 square meters in the attached Form No. 2, 3, 4, 5, 6, 7, 10, and 2 of the attached Form No. 137.2 square meters in Yeongsan-gu, Jeonju-si, Jeonju-si, the Plaintiff owned by the Plaintiff, and occupied and used the instant dispute land without permission. As such, the Defendant is obligated to deliver the said land to the Plaintiff after removing the instant sidewalk block and sewage pipe, and to refund unjust enrichment equivalent to the rent from July 1, 2014 to the completion date of delivery of the said land.
B. In light of the judgment, the evidence alone submitted by the Plaintiff is insufficient to acknowledge the fact that the Defendant occupied and used the pertinent land by installing the instant sidewalk block, etc. on the land of the instant dispute, and there is no other evidence to acknowledge it.
Rather, according to the results of fact-finding and the purport of the entire pleadings by the court on the Jeonju-si Village Support Division, it is only recognized that Jeonju-si installed and occupied the foregoing news juth from December 28, 2010 to December 21, 201.
Therefore, the plaintiff's above assertion on a different premise is without merit.
2. As such, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with some different conclusions, the part against the defendant in the judgment of the court of first instance which accepted the defendant's appeal and dismissed the plaintiff's claim corresponding to the revoked part. It is so decided as per Disposition.