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(영문) 대구지방법원포항지원 2020.02.04 2019가단103995

토지인도

Text

1. The Defendant indicated in the attached Form No. 29, 30, 31, 32, 33, 34, 35, 36, and 29 among the land size of 11726 square meters in Nam-gu, Nam-gu, Nam-gu, the Plaintiff at the time of port.

Reasons

1. Case summary and judgment

A. The fact that the Plaintiff is the owner of the Nam-gu D Forest land 11726 square meters (hereinafter “instant land”) at the port of port, and the fact that the Defendant installed a building, a dry field, and a concrete foundation structure within the instant land within the instant land, such as the details of “1, 2, 3” indicated in the attached drawings, is recognized by taking full account of the following: (a) each entry or image of evidence Nos. 1 and 3 (including a land number) or the entire purport of the pleadings as to the commission of appraisal to the Korea Land Information Corporation; and (b) the fact that the Plaintiff possesses the relevant land.

B. According to the above facts, since the defendant occupies the land of this case and interferes with the plaintiff's exercise of ownership, it is obligated to remove or collect the relevant facilities or crops on the ground and deliver the relevant part of the land to the plaintiff.

C. Accordingly, the defendant has the right to possess the land of this case.

(A) Although the Plaintiff’s consent to the use of the instant land was alleged by E, the former representative of the Plaintiff, but the written evidence Nos. 1 and 2 is insufficient to acknowledge the fact of consent as alleged by the Defendant, and there is no other evidence to acknowledge it.

2. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.