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(영문) 제주지방법원 2016.10.28 2015가단15886

토지인도

Text

1. The Defendant connects the Plaintiff with each point of the attached Form 6, 7, 8, and 6 among the area of 102 square meters prior to Seopo-si, Seopo-si.

Reasons

Basic Facts

A. The Plaintiff is the owner of 102 square meters prior to C in Seopo-si, Seopo-si (hereinafter “Plaintiff’s land”). The Defendant is the owner of 1290 square meters prior to D in Seopo-si, Seopo-si (hereinafter “Defendant’s land”).

B. Of the Plaintiff’s land, the Defendant’s vinyl was invaded on the part of 2m2 square meters in the ship connected with each point of the 6, 7, 8, and 6m2 of the annexed drawing indication, and the Defendant’s water tank was installed in the part of the ship which successively connected each point of the 2, 3, 4, 9, and 2 of the same drawing indication, and the Defendant’s steel plate and pipe inside the above land.

[Based on the facts without dispute, Gap evidence Nos. 1 and 3 (including provisional numbers), cadastral surveying conducted by the Korea Land Information Corporation in this court on the ground of claim as to the whole purport of the argument, barring any special circumstance, the defendant, barring any special circumstance, has the duty to remove to the plaintiff the part of the plaintiff's land, which connects the parts of the plaintiff's land to the plaintiff in order of each point of 6, 7, 8, and 6 square meters of the drawings, 2, 3, 4, 9, and 2 of the same drawings, and the part of the ship connecting the parts of the plaintiff's land in order of each point of 2, 3, 4, 9, and 2 of the same drawings, and to deliver the above land to the plaintiff.

The defendant's assertion is a defense that the acquisition by prescription was completed on January 1, 2010, since the defendant established a vinyl or water tank part of the plaintiff's land and occupied it in peace and openly for 30 years or more until now with the intention of ownership.