토지명도
The defendant shall in order of each point of the attached Form 1 through 4, and 1 among the land size of 2,139 square meters in Jeonnam-gun, Jeonnam-gun C Forest land.
1. The Plaintiff owned a 2,139 square meter (hereinafter “instant land”). The Defendant, among the instant land, owns a 31 square meter (a) part (a) of the attached Form No. 1 through 4, and 1 in sequence, connected to each point of the (a) part (a) of the instant land (hereinafter “the instant part”) and a part (b) through 8, and 242 square meter (hereinafter “the instant part (b)”) on the ground, which connected each point of (b) part (a) and 242 square meter (hereinafter “the instant part”) in sequence of the same drawing No. 1 through 4, and there is no dispute between the parties.
According to the above facts, it is reasonable to view that the Defendant interferes with the exercise of the Plaintiff’s ownership of the instant land by occupying the instant items (a) and (b) corresponding to the instant land through the stable owned by the Defendant, barring any special circumstance, the Defendant is obligated to remove the instant stable to the Plaintiff, and deliver the parts (a) and (b) of this case to the Plaintiff.
On the second date for pleading, the Defendant stated to the effect that “the Defendant was aware that the parts of the instant paragraphs (a) and (b) were purchased together with the neighboring land.”
Considering that the defendant's above statement was possessed by legitimate title, there is no evidence to acknowledge this, and the defendant's above assertion is not acceptable.
(On the other hand, the defendant made a statement to the effect that "if the plaintiff does not reach an agreement with the plaintiff, the plaintiff will remove the stable of this case" on the same date for pleading. 2. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.