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(영문) 부산지방법원 2016.02.02 2015가단213182

토지인도

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 10, 2012, the Plaintiff is the owner who completed the registration of ownership transfer with respect to the land of 309 square meters in Busan Seo-gu C, Busan (hereinafter “instant land”).

B. The Defendant is an owner who completed the registration of ownership transfer on April 19, 2013 with respect to the land and the second floor building adjacent to the instant land (hereinafter “instant factory”).

C. In light of the attached Form 1 [Attachment 1] Images (hereinafter referred to as the “Attachment 1”), the left side is the E apartment (hereinafter referred to as the “instant apartment”) and the right building is the factory of this case, the right building is the lower part of the photograph, and the land in the three-dimensional shape is the land in this case.

[Attachment 2] A photograph 2] The above is a photograph taken of the upper side of [Attachment 1], and the left side is the land of this case on the basis of a rail of metal on the photograph (the rail of metal attached to the factory of this case) and the right side is the factory site of this case.

In other words, the lower part of the land in the rectangular shape, which appears from [dic 1], is all the instant land, and the upper part of the instant land and the instant factory site are adjacent to each other.

(e)in [Attachment 1], the upper part of the picture is a forest or mountain, owned by the plaintiff, the defendant, and any third party, and the entrance of the mountain, taken up by the plaintiff, the defendant, and the third party, [Attachment 3].

[Dic 3] The left side is the land of this case on the basis of the real line, and the right side is the site of this case.

F. The Defendant leased the instant factory to the right side of [Attachment 2] There is a space where the lessee of the instant factory (hereinafter “Lessee”) can park the vehicle, and the lessee must pass through the instant land in order to park the vehicle at the same place.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 5 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion and the third party, such as the defendant and lessee, raise objection.