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(영문) 광주지방법원목포지원 2020.04.08 2019가단53755

토지인도

Text

1. The defendant shall be the plaintiff.

A. The attached appraisal map No. 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11.

Reasons

1. Determination as to the cause of claim

A. (1) On August 27, 1991, the former Do Office of Education (Seoul-do Office of Education) completed the registration of ownership transfer on the instant real estate recorded in the separate sheet (hereinafter “instant real estate”), including the real estate of 6486 square meters and C previously 5157 square meters and real estate in the previous Do, Chungcheongnam-do. On November 13, 201, E completed the registration of ownership transfer on the instant real estate, and the Plaintiff completed the registration of ownership transfer on August 24, 2018.

(2) The Defendant shall install three plastic greenhouses located in the place where the part indicated in subparagraph (a) is attached to the attached Table 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 1 of the attached Table 1, 2, 4, 6, 7, 8, 10, 11, 12, 13, and 14 (hereinafter “the part indicated in subparagraph (a)”) among the attached Table 6486 square meters prior to D, and install two plastic greenhouses located in the place where the parts indicated in subparagraph (b) are attached to the attached Table 14, 15, 16, 17, 18, 19, and 28 square meters (hereinafter “the part indicated in subparagraph (b)”) are attached to each of the attached Table 6486 square meters and possess each part indicated in subparagraph (a) or (b).

[인정근거] 다툼없는 사실, 갑 제1호증 내지 갑 제7호증의 각 기재, 이 법원의 한국국토정보공사 무안지사장에 대한 측걍감정촉탁결과, 변론 전체의 취지

B. According to the above findings of the determination, the Defendant is obligated to remove, within the marked part of (a) to the Plaintiff, two plastic greenhouses located in 3 and (b) the steel bars located in the marked part of (a) and to deliver (a) and (b) each of the marked parts to the Plaintiff, except in extenuating circumstances.

2. Determination on the defendant's claim of lien based on the defendant's right to demand reimbursement

A. The defendant's assertion that the defendant occupies the real estate of this case in accordance with the loan agreement entered into between the FIO and the FIO, and is 20 million won to recover the beneficial costs of the possessor under Article 203 (2) of the Civil Code by excavating the diameter of the real estate and installing electric facilities.

The defendant shall be entitled to receive the repayment of this case before it is repaid.