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(영문) 대구지방법원 2015.02.13 2014가단21912

토지인도

Text

1. The defendant shall be the plaintiff.

(a) collect 1 glue trees on the ground of the real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. Each house owned by the Plaintiff and the Defendant 1) The Plaintiff is a house located in Daegu Northern-gu C (hereinafter “Plaintiff’s house”).

(1) The Defendant is the owner of the Plaintiff’s housing, and the Defendant is the Defendant’s housing located in the foregoing D located in the Plaintiff’s housing (hereinafter “Defendant’s housing”).

(2) The Plaintiff acquired the ownership of the Plaintiff’s housing from E on May 9, 1994, and the Defendant acquired the ownership of the Defendant’s housing from F on September 6, 2002.

B. 1) A road between the Plaintiff and the Defendant’s housing (hereinafter “instant road”) is a dead-end aggregate road between the Plaintiff’s housing and the Defendant’s housing (hereinafter “instant road”).

There are lots. The road of this case is the land listed in the annexed Table No. 1 (hereinafter “instant land”).

(2) The Plaintiff completed the registration of ownership transfer of the instant land on January 10, 2014.

The Plaintiff also purchased the land of this case from E at the time of purchasing the Plaintiff’s housing, and asserts that the registration of ownership transfer was made late after omitting the registration.

C. On May 2005, the Defendant occupied the road of this case by installing a steel gate (see attached drawings) as stated in the purport of the claim in part of the road of this case, and occupying the road inside the above steel gate, including the land of this case.

On the land of this case, large-scale trees are planted.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 through Gap evidence 6 (including additional number, if any; hereinafter the same shall apply), the purport of whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition as to the removal of bamboo trees and the claim for delivery of the instant land, the Defendant, barring any special circumstance, has the duty to collect pine trees planted on the instant land and deliver the instant land to the Plaintiff, the owner of the instant land.

(b)request the removal of iron capitals;