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(영문) 대전지방법원논산지원 2020.09.10 2019가단1292

토지인도 등

Text

1. The defendant shall be the plaintiff.

A. Of the area of 497 square meters in the attached Form 4, 3, 8, 7, 6, and 4 each of the attached Form 4, 3, 8, 7, 6, and 4, Chungcheongnam-gun.

Reasons

1. Basic facts

A. On September 7, 1978, the registration of ownership transfer was made in the name of the defendant on September 7, 1978 with respect to the land of 1,887 square meters (hereinafter “instant land”).

B. The Plaintiff filed a lawsuit against the Defendant on July 25, 2013 against the Daejeon District Court Seosan Branching 2012Gadan181 with respect to the registration of ownership transfer as to the land of this case 497 square meters, and the appellate court rendered a judgment on July 25, 2013 that “the Defendant shall execute the procedure for the registration of ownership transfer on the part of the land of this case, which connects the Plaintiff with each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 1 among the land of this case, on January 1, 2000, on the part of the land of this case, which is 497 square meters connected to the Plaintiff.” The Defendant appealed against the said judgment, but the dismissal of the judgment became final and conclusive on December 26, 2013.

C. Accordingly, among the instant D land, 497 square meters, part of the instant land was divided into 497 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer on the ground of the completion of the prescriptive acquisition on January 1, 200 with respect to the instant land on March 5, 2014.

The Defendant occupies and uses the pertinent part of the land by planting the trees indicated in Articles 1 through 8, 3, 3, 8, 7, 6, and 4 of the attached Table No. 4, 3, 8, 7, 6, and 4 in order to connect each point of the attached Table No. 4, 3, 8, 6, and 4 among the instant land (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1, 2, Eul evidence 3, the result of the commission of surveying and appraisal to the branch offices assigned by the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination

A. According to the above facts, insofar as the defendant did not prove that he had a legitimate title to occupy and use the land of this case, he collects trees planted on the above ground to the plaintiff, the owner of the land of this case, and the part of the land.