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(영문) 수원지방법원여주지원 2016.06.23 2015가단22054

토지인도

Text

1. The Defendant points out each of the attached Form 8, 9, 10, 11, and 8 on the appraisal drawings among the land size of 483 square meters in Gyeonggi-gun, Gyeonggi-do.

Reasons

1. In full view of the following facts: (a) there is no dispute between the parties to the determination on the cause of the claim; (b) entry in the evidence No. 1-2; and (c) the purport of the entire pleadings as a result of a request for the measurement and appraisal by the Korea Land Information Corporation in Yangyang-gun, Gyeonggi-gun, Gyeonggi-do (hereinafter “the Plaintiff-owned land”) for the entire pleadings, the Defendant may recognize the fact that the Defendant occupied the portion (a) in the attached Form No. 1, 2, 3, 4, 5, 6, 7, and 27 square meters of the area inside the ship (hereinafter “the part occupied in this case”) connected with each of the items in the attached Form No. 8, 9, 10, 11, and 8, and each of the items in the attached Form No. 1, 2, 4, 4, 5, 6, 7, and

Thus, the defendant is obligated to remove the above opening and ventilation gate to the plaintiff, and to deliver the occupied part of this case to the plaintiff, unless there are special circumstances.

2. The defendant's argument regarding the defendant's assertion is that the plaintiff's lawsuit for partition of co-owned property was filed with another person, which owned 1,950 square meters of Gyeonggi-gun D Forest land, and the plaintiff acquired 487 square meters of Gyeonggi-do E-gun 483 square meters of land adjacent to the plaintiff's above 483 square meters of land in Yangyang-gun of Gyeonggi-do (hereinafter "the defendant's land in this case"). The defendant has a legitimate right to possession, and since the boundary restoration survey following the entrustment of appraisal in the lawsuit in this case is different from the above land survey in accordance with the current Criminal Act, it is different from the land survey at the time of the above division, and this is not a legitimate survey on boundary.

A boundary restoration survey conducted to restore a boundary in the cadastral map as a problem of whether a boundary is invaded or not shall be conducted in the same way as the survey conducted at the time of registration, and the first measurement method at the time of registration shall be followed, second, the standard point at the time of survey shall be based, and the method or technology at the time of registration shall not develop.

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