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(영문) 서울중앙지방법원 2017.08.10 2015가단5346546

토지인도

Text

1. Of 67 square meters in Gyeonggi-gu D Forest land, the Plaintiff:

A. Defendant B shall display an indication of the attached drawings 11, 3, 15, 14, 13, 12,11.

Reasons

1. Basic facts

A. The Plaintiff is an owner of a 603 square meters of Gyeonggi-gun E-road and a 67 square meters of Gyeonggi-do D-gun, Gyeonggi-do (hereinafter “instant land”).

B. Defendant B is the owner of forest land of 496 square meters in Gyeonggi-gu, Gyeonggi-do (hereinafter registration conversion from G on January 7, 2016). Defendant C is the owner of forest land of 548 square meters in Gyeonggi-gun, Gyeonggi-do, and the Defendants own housing on their own land.

C. On the instant land adjacent to the instant land owned by Defendant B, there are 10, 2, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 10, the part “A” and the part “B” attached to the instant land connected in sequence with each point of 10, 2, 11, 12, 13, 14, 15, 14, 13, 12, and 11, the part “B” and the part “B” connected in sequence with each point of 1,3, 15, 14, 12, and 11, 10, 19, 20, 21, and 2,000 square meters of wood and steel structure installed. The aforementioned part “B” and the part “B” were installed in the instant land.

In addition, on the instant land adjacent to the instant land owned by the Defendant C, there are 13 square meters of retaining wall of the ground reinforced block in the order of each point indicated in the attached drawing(s) No. 15, 22, 23, 24, 25, 26, 27, 28, 29, 29, 30, 31, 32, 33, 16, and 15 on the instant land, which is located adjacent to the instant land owned by the Defendant C, and there is a building of 15 square meters of the retaining wall of the ground reinforced block in the order of each point indicated in the attached drawing(s) No. 3,4,28, 27, 26, 25, 24, 23, 22, 15, and 3. The concrete of the said “Ma” was installed by the Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, each entry in 1 and 2, the result of appraiser I's measurement and appraisal, the purport of the whole pleadings

2. Determination on “B”, “C”, and “E” in the attached Form Map

A. On the instant land owned by the Plaintiff, the determination of the cause of the claim is as follows: ① Defendant B’s portion of “B” and the indication 1, 10, 19, 10, 19, 19, 11, in sequence, connected each point of the attached Form No. 11, 3, 15, 14, 13, 12, and 11.