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(영문) 광주지방법원 2016.02.17 2015가단43627

토지인도

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1. The defendant, among the 166.6m2 in Gwangju Dong-gu, Gwangju Dong-gu, 166m2, each of the attached drawings 1, 2, 3 and 1, shall be attached in sequence to the plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. Facts of recognition 1) The Plaintiff is deemed to be the Plaintiff’s site in Gwangju-dong-gu B 166.6 square meters (hereinafter “Plaintiff’s site”).

2) The Defendant is the owner of the cement brick structure and the cement brick structure and the 2nd roof of the ground, and the Defendant is the owner of the 369.5 square meters wide (hereinafter “Defendant’s site”) in Gwangju Dong-gu.

2) The Plaintiff’s land is the owner of the land. 2) The line connecting each point in the separate sheet No. 1 and 2 is bordered on the south side of the Plaintiff’s land, and the Defendant’s land is north, respectively, and cement block fence (high 2m; hereinafter “the instant fence”) on the part connecting each point in the separate sheet No. 1 and C.

B. 1) According to the above facts of recognition, since the plaintiff and the defendant are presumed to be co-ownership pursuant to Article 239 of the Civil Code, the defendant owned 1/2 shares of the fence of this case and possessed the land owned by the plaintiff. Thus, the plaintiff is obligated to deliver to the plaintiff part 3.6m2 of the ship (A) connected each point of 1, 2, 33 and 1/2 shares of the fence of this case on the ground of the plaintiff's land, and remove 1/2 shares of the fence of this case on the ground. 2) The plaintiff alleged that the plaintiff installed the fence of this case, but there is no evidence to acknowledge this, the plaintiff's above assertion is without merit.

2. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

참조조문