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(영문) 의정부지방법원 2020.12.02 2018가합58042

토지인도

Text

For the plaintiffs, the defendant

A. Of 3051 square meters in Macheon-si, G, and the attached Table 1 appraisal Nos. 3, 4, 6, 15, and 3 respectively.

Reasons

1. Basic facts

A. The Plaintiffs owned the instant land jointly purchased the instant land on April 28, 2017, and subsequently completed the registration of ownership transfer based on the said sale, with respect to each of 199/1200 shares on May 24, 2017, with respect to each of 1/150 shares on November 7, 2017, with respect to each of 1/40 shares on March 28, 2017, with respect to each of 3/40 shares and 1/50 shares on March 28, 2018, respectively.

Accordingly, the plaintiffs share 1/5 of each share of the land of this case.

B. The Defendant owned neighboring land and leased land of this case) on July 26, 1985, the Defendant is 292 square meters of H-si land adjacent to the instant land (hereinafter “Adjoining land”).

(2) As to the instant land, the Defendant entered into a loan agreement with the president of the Korea Asset Management Corporation, who was entrusted with the instant land as at January 1, 2012, on the purpose of farming and lending for three years from January 1, 2012 to December 31, 2014. The Defendant occupied and used the instant land by installing parking lots, vinyl houses, entrance control facilities, entrance doors leading to adjacent land, etc., or planting some trees and growing crops.

다. 이 사건 토지의 현황 ◇ 별지1 감정도 표시, ① 순번 3, 4, 6, 15, 3의 각 점을 차례로 연결한 선내 ‘ㄱ’ 부분 24㎡ 지상 컨테이너 ② 순번 16, 7, 8, 9, 16의 각 점을 차례로 연결한 선내 ‘ㄴ’ 부분 59㎡ 지상 건물 ③ 순번 21, 22, 23, 24, 21의 각 점을 차례로 연결한 선내 ‘ㄹ’ 부분 8㎡ 지상 화장실 ◇ 별지2 감정도 표시, ④ 순번 20, 21, 22, 6, 7, 23, 20의 각 점을 차례로 연결한 선내 ‘ㄱ’ 부분 38㎡ 지상 화단 ⑤ 순번 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 24의 각 점을 차례로 연결한 선내...