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(영문) 창원지방법원밀양지원 2017.10.17 2016가단3401

토지원상복구 등

Text

1. Defendant B:

A. Of the size of 769 square meters in Yangyang-si, each point of the attached Form 6, 7, 8, 9, 10, 11, 12, and 6 is indicated in the attached Form 6, 7, 8, 100 square meters.

Reasons

Basic Facts

The Plaintiff is a co-owner of the 769m2 in Yangyang-si, Daehan-si, and owns 194/234 shares.

On September 25, 2008, Defendant B purchased E large 523 square meters in the vicinity of the above land and constructed a new building on July 16, 2010. On September 25, 2014, Defendant B sold the above land and buildings to Defendant C, and completed the registration of ownership transfer on October 6, 2014.

As above, Defendant B, while constructing a new building, packaged nearby land including the instant dispute land as a road, and provided the entire road to the general public such as neighboring land owners.

The Plaintiff, around January 2017, installed cement-type structures with a brick built near the instant dispute land by piling up bricks, thereby preventing the passage of a third party. The Defendant C arbitrarily removed the above structures for passage.

Meanwhile, the rent from July 16, 2010 to October 5, 2014, total of 517,160 won, annual rent from the next day to October 5, 2015, annual rent of 143,100 won, annual rent of 160,650 won from the next day to October 5, 2016, annual rent of 107,870 won from the next day to May 5, 2017 (annual rent of 15,410 won).

【As a result of the measurement and appraisal of the evidence Nos. 1 through 7 (including paper numbers) and the evidence Nos. 1 through 7 (including paper numbers) of this Court, the result of the commission of appraisal of the appraiser F to the Korea Land Information Corporation, and the overall purport of the pleading, the above facts of recognition as to the grounds for the claim against the defendant B, according to the facts of recognition as to the entrustment of appraisal of the appraiser F and the overall purport of the pleading, the defendant B constructed a concrete package on the land in the dispute of this case, which is owned by the plaintiff, thereby hindering the plaintiff from exercising his ownership of the land in this case

In addition, Defendant B suffered damages equivalent to the profits from the use of the land in the dispute of this case from the Plaintiff.

Therefore, Defendant B is the Plaintiff.