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(영문) 청주지방법원충주지원 2017.11.22 2016가단21424

토지인도

Text

1. The defendant shall order the plaintiff each point of the attached Form 1, 2, 3, 4, and 1 among the 387 square meters in the voice-gun of Chungcheongbuk-gun Co., Ltd.

Reasons

1. Facts of recognition;

A. Whether the ownership transfer registration was completed in the 387 square meters in the voice-gun of Chungcheongnam-gun, Chungcheongnam-do, and the ownership was transferred due to property inheritance, donation, etc., and the Plaintiff, E, and F currently own 2/11 shares, and 5/11 shares in G, respectively.

B. On April 10, 2009, the Defendant concluded a contract with I for the purchase of part 202 square meters in the attached Form 2, 3, 4, 5, 6, 7, 8, 11, 12, and 2 of the 387 square meters of the 387 square meters of the Mari-gun Co., Ltd. (hereinafter “instant land”). From that time, the Defendant and H occupied the instant land, and the Defendant and H installed 1,2,3,4,100 square meters of the attached Form (1) on the instant land in order to connect each point of 1,2, 3, 4, and 1 on the instant land.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts, the defendant is obligated to remove the vinyl house of this case and deliver the land of this case to the plaintiff who is engaged in preservation activities as co-owners of this case, since the defendant occupied the land of this case by installing and using the vinyl house of this case without any title.

[On the other hand, the Defendant recognized the fact that the Defendant occupied the instant vinyl and land along with H, whose spouse is his spouse, as stated in the written reply at the second date for pleading, and did not assert the claim for the prescriptive acquisition not accepted in the relevant case (this Court Decision 2016No. 22069). 3. Conclusion, the Plaintiff’s claim is justified.