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(영문) 서울북부지방법원 2019.11.05 2017가단102904

토지인도

Text

1. The Plaintiff:

A. Defendant B is marked 1, 2, 3, 4, 5, 6, 7, 8, 1 of the attached sheet among the land listed in the attached sheet.

Reasons

1. Basic facts

A. On February 20, 2002, the Plaintiff acquired the land indicated in the attached Table list (hereinafter “Plaintiff’s land”) and the Seongbuk-gu Seoul E-gu, Seongbuk-gu, Seoul, jointly with D, a spouse on February 20, 200. On September 12, 2005, the Plaintiff constructed a detached house on each of the above lands, and completed registration of the preservation of ownership under D and joint names.

After December 18, 2009, D transferred to the Plaintiff all shares owned by D in relation to each of the above land and its ground, and each of the above land and buildings became the sole ownership of the Plaintiff.

B. On September 20, 2016, Defendant B completed the registration of ownership transfer with respect to the land of Seongbuk-gu Seoul F&162 square meters (hereinafter “Defendant land”) and its ground buildings (hereinafter “Defendant building”) adjacent to the Plaintiff’s land. Defendant C, as his father, is occupying and managing Defendant C’s land and building together with Defendant C.

C. The Plaintiff’s land is located in the lower land than the Defendant’s land.

C. The Defendant building was constructed around April 20, 1966, and the Defendants extended and reconstructed the building around October 2016.

(hereinafter “instant construction”) D.

Plaintiff

Of the land, there is a fence connected to each point of the separate sheet No. 1, 2, 3, 4, 14, 13, 12, 11, 10, 9, and 1 of the attached drawings among the land, and a fence connected with the land of the defendant in the C (hereinafter “instant fence”). The lower part of the aforementioned wall is a stone shed, and the upper part is a brick.

Of the instant fences, the stone embankments are installed on the ground of 3 square meters in part among the above drawings, and the above stone embankments were installed prior to the construction of the Plaintiff’s housing.

Of the instant fences, the brick part is installed on the ground of 8 square meters in the said drawings. The Defendants, while performing the instant construction, have laid down the said brick part, which was installed on the ground of 8 square meters in the said drawings.

[Ground of recognition] A without dispute, entry of Gap evidence 1 through 4, and 10, the result of the on-site verification by this court, the result of the appraiser G’s appraisal, and arguments.