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(영문) 대구지방법원 2018.11.16 2017가단116828

토지인도 등

Text

1. The defendant shall be the plaintiff.

A. Of the 140 square meters in Daegu Suwon-gu, 140 square meters, the attached appraisal marks 10, 11, and 12 shall also be placed.

Reasons

1. Basic facts

A. On May 26, 2005, the Plaintiff purchased a building of 140 square meters, D 68 square meters and above ground (the approval of use on June 14, 1973, registration of preservation of ownership on January 30, 1974, hereinafter “Plaintiff’s building”) and completed the registration of ownership transfer on each of the above lands and the Plaintiff’s building on June 21, 2005.

After acquiring the ownership of the Plaintiff’s building, the Plaintiff did not extend or rebuild the said building.

B. On December 27, 1979, the Defendant acquired the ownership of the Daegu Suwon-gu E, Daegu-gu, 134 square meters (hereinafter referred to as the “instant building”) and the building on the ground (hereinafter referred to as the “instant old building”) (hereinafter referred to as the “instant building”). Around 1989, the Defendant removed the said building and constructed a new building (hereinafter referred to as the “new building”), and completed the registration of ownership preservation on the new building on June 17, 1989.

C. On the land and D land owned by the Plaintiff, a fence (hereinafter “instant fence”) is installed on the line connected in sequence with each point of 10,11,12,13, and 6 of the attached sheet No. 10, 13, and 6 on the land owned by the Plaintiff, and the Defendant occupies the land C located between the boundary line of the land of this case and the wall No. 1,2,3,4, 12, 11, 10, and 14 square meters in sequence, which connects each point of 1,2,3,4, 12, 10, and 14 square meters in the same appraisal map among D land, and the same appraisal map No. 4,5,6, 13, 12, and 4 square meters in the ship (hereinafter “instant (a) and (c)”).

D On the ground of the land, the entrance and exit structure owned by the Defendant (hereinafter referred to as “instant entrance and exit structure”) which link the instant fence and the instant new building is installed on the line connecting 5 or 6 with an appraisal map No. 6.

The outer brick of the entrance structure of this case is the same as that of the outer brick of the new building of this case.

E. The Defendant removed the new building of this case and the wall of this case at the time of the filing of the instant lawsuit.

The Plaintiff is the Plaintiff.