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춘천지방법원원주지원 2017.11.28 2017가단32243

토지인도

Text

1. Of the real estate listed in the [Attachment 1] list Nos. 1, the Defendant also indicated in Attached 22, 23, 24, 25, 26, 28, and 28.

Reasons

Basic Facts

A. The Plaintiff A and B shared the real estate listed in the [Attachment A] List 1 (hereinafter “instant real estate 1”) at the ratio of 1/2 shares, respectively. The Plaintiff C owned the real estate listed in the [Attachment A] List 2 (hereinafter “instant real estate 2”).

B. The Defendant owns land E, F land, G land, H land, I land, J land, and K land (hereinafter “each Defendant’s land”).

C. Of the instant real estate No. 1, the Defendant has installed a ground object (hereinafter “instant ground object”) such as cement packaging, stone storage, etc. on each of the 71 square meters in the part (f) of the instant real estate (hereinafter “the instant land object”) connected with each of the points in the order of 22, 23, 24, 25, 26, 28, and 22, and among the instant real estate No. 2, the part (c) part of the instant real estate (f) connected with each of the points of 19, 20, 21, 22, 28, 29, and 19 in sequence, and used it as a road to enter each of the Defendant’s land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers), and the result of the on-site inspection by this court, the appraiser L's appraisal result, the gist of the plaintiffs' assertion as to the whole purport of the argument is the co-owners of the real estate No. 1, Eul, and the plaintiff C are the owners of the real estate No. 2, and the defendant without permission established the ground of this case and occupied the part of the (c) and (f) of this case.

Therefore, the defendant is obligated to remove the ground surface on the ground surface in the part of this case (C) and deliver the part of this case to the plaintiff A and B, and remove the ground surface on the part of this case (C) and deliver the part of this case to the plaintiff C.

Judgment

According to the facts as to the cause of the claim, the defendant is on the ground of the part of this case (C) among the ground of this case to the plaintiff A and B unless there are special circumstances.