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(영문) 부산지방법원 2016.06.28 2015가단45198

토지인도등

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1. The defendant ordered the plaintiffs to make an appraisal of the attached Form 3, 6, 7, 9, and 3 among the land size of 234 square meters in Busan Dong-gu D, Busan Metropolitan City.

Reasons

1. Facts of recognition;

A. The Plaintiffs are the owners of D-gi-gu Busan Metropolitan Government 234 square meters (hereinafter “D”) and above-ground buildings, and the Defendant is the owners of E large 214.2 square meters (hereinafter “E”) and above-ground buildings.

D Land and E are located between F.15.9 square meters (hereinafter referred to as “F.”) for land and E, and its location is as follows:

D G FI H J K E

B. The Defendant uses the portion of “B” part of the attached Table Nos. 3, 6, 7, 9, and 3, among the D land, which was connected in sequence with each point of the attached Table Nos. 3, 6, 7, 9, and 3 (hereinafter “instant land”).

C. The gate that the Defendant gains access to a building on the land of E is installed on the line extended to the end of the opposite part of the F-road, which connects each point of the attached Table 7, 9.

[Ground of Recognition] Unstrifed Facts, Gap evidence 1, 2 (including each number), Eul evidence 3 and 4 (including additional numbers), each of these statements and images, the result of the measurement and appraisal commission to the Korea Land Information Corporation in this Court, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant who occupies the land in the dispute of this case has a duty to deliver the land in the dispute of this case to the plaintiffs who are the owners.

3. Judgment on the defendant's assertion

A. From the time of construction of the above building on November 1, 1989, L, the former owner of the land and the above building claimed by the defendant, L, who was the owner of the land and the above building, has occupied the land in peace and openly as owner of the land in dispute. Since the defendant succeeded to L, it is impossible to comply with the plaintiffs' claims due to the completion of the

B. According to the evidence revealed earlier, L acquired 405/648 of the E’s land on June 27, 1978, and 243/648 of the E’s land on July 26, 1978, respectively, and constructed a new building on the ground around November 1, 1989, and the Defendant purchased E’s land and building on November 27, 2013.

However, this Court is against the Dong-gu Office of this Court.