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(영문) 창원지방법원진주지원 2016.08.30 2015가단7233

토지인도 등

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1. With respect to each of 1/5 shares, the Defendants indicated in the attached Form 9, 10, 11, 12, 13, among the land size of 628 square meters in Jinju-si, Jin-si.

Reasons

1. Basic facts

A. On October 7, 2014, the Plaintiff: (a) donated from Nonparty H in Jinju-si G 628 square meters (hereinafter “instant land”); and (b) completed the registration of ownership transfer with respect to the said land on the same day.

B. On June 10, 1983, which was adjacent to the instant land, Nonparty I completed the registration of preservation of ownership on June 10, 1983, and constructed a warehouse, toilet, etc. on the said ground. Of the above buildings, Nonparty I, in sequence, connected each point of 11 square meters in a warehouse connected with each point of 9, 10, 11, 12, 13, and 9, indicated in the annexed drawings, and indicated 14, 15, 16, 17, and 14 of the same drawings, 2 square meters in a toilet, identical drawings, 18, 19, 20, 7, 8, and 18 square meters in a ship, which collectively connected each point of 28 square meters in a warehouse (hereinafter “instant disputed land”).

C. Around December 2014, I died, and the Defendants inherited the said I in 1/5 each.

[Ground of recognition] without any dispute, entry of Gap evidence 1 and 3, the result of the request for surveying and appraisal by this court against Eul, the purport of whole pleadings;

2. According to the facts of the judgment as to the cause of the claim, the defendants occupied and used the dispute land of this case, which is the land of this case, through the ownership of the defendants' building. Thus, the defendants are obligated to remove, barring special circumstances, a warehouse of this case, which is 28 square meters connected each of the items of 1/5 shares in each of the items of 9, 10, 11, 12, 13, and 9, among the defendants' buildings, with respect to each of the items of 1/5 shares in the ship connected each of 11 square meters in sequence, 14, 15, 16, 17, and 14 of the same drawings, which are linked each of the items of 2 square meters and 18, 19, 20, 7, 8, and 18 of the same drawings.

3. Judgment on the defendants' assertion

A. The Defendants asserted that I had knowledge of the dispute land in this case and had cultivated agricultural products above that, before 20 years, he created and used a warehouse and a toilet on the ground of the above land. Thus, the prescriptive acquisition is possible.