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(영문) 수원지방법원평택지원 2016.06.08 2015가단47643

토지인도

Text

1. The defendant shall be the plaintiff.

A. Of 4850 square meters in Ansan-si, each point of the attached Form No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On July 8, 2008, the Minister of Land, Transport and Maritime Affairs designated the Plaintiff as a project implementer, and designated the Plaintiff as a project implementer.

(Public Notice G) of the Ministry of Land, Transport and Maritime Affairs

On July 11, 2012, the Plaintiff acquired an agreement on the 4850 square meters in Ansan-si, B (hereinafter “instant real estate”) located within the said district, paid compensation to the real estate owner, and completed the registration of ownership transfer in the name of the Plaintiff as to the instant real estate No. 1 on July 13, 2012.

C. The land size C river 2270 square meters located within the said district (hereinafter “second real estate of this case”) is real estate owned by the Republic of Korea.

The defendant set up each of the facilities listed in the order Nos. 1 and 2 of this case in the attached Form No. 1 and occupies and uses the part of the land in the ship with the indication of the attached drawing.

[Reasons for Recognition] The facts without dispute, Gap's statements, Gap's 1, 3, 4, 5 (including each number), the video, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1) 1 is the owner of the instant real estate and the legitimate use right of the instant real estate 2. However, the defendant, without any title, installed facilities in the part of the 1 and 2 real estate indicated in the drawings or the part of the instant land among the real estate 1 and 2, and occupies and uses the relevant part of the relevant land. As to the instant real estate 1, the plaintiff seeks removal of the facilities and delivery of the relevant part of the land in accordance with the plaintiff's ownership, and seek removal of the facilities and delivery of the relevant part of the land by subrogation of the Republic of Korea to the plaintiff in order to preserve the right to use and benefit from the Republic of Korea against the Republic of Korea. 2) The defendant agreed to remove or transfer the obstacles of the instant 1 and 2 real estate between the plaintiff and the plaintiff on June 19, 2012. Accordingly, in accordance with the agreement, the plaintiff indicated the drawings of the attached documents