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(영문) 대구지방법원경주지원 2016.09.27 2015가단2907

토지인도 등

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1 to 6, Eul evidence 1, 3, and 4 (including paper numbers), the results of the survey and appraisal conducted by appraiser D, and the purport of all pleadings.

E has completed the registration of transfer of ownership on September 18, 1971 from F (the closed register includes “G” in the closed register) with respect to the area of 370 square meters in racing-si on September 18, 1971.

B. The Plaintiff is E, and the registration of ownership transfer was completed from March 5, 2015 on the land by reason of sale on February 27, 2015 (hereinafter “instant sale”).

C. The Defendant, currently, possesses the part (Ga) size 43 square meters in the ship (hereinafter “instant land”) that connects each point of the attached Table 2, 3, 4, 5, 6, 7, 8, 9, 18, 19, 2, among the land size of 370 square meters in Sejong-si, Sejong-si, the Defendant owned the part (Ga) size of 43 square meters in the ship (hereinafter “instant land”). The Defendant, in sequence, connects each point of 3, 4, 5, 16, 23, 22, 21, 20, 20, 32 square meters in the attached Form 21, 22, 7, 8, and 21, connected with each point of 21, 222, 7, 8, and 21, owns the part (hereinafter “each of the instant buildings”).

2. According to the above facts of determination as to the cause of the claim, the plaintiff is presumed to be the owner of the land of this case, barring special circumstances, and the defendant who owns each of the buildings of this case and occupies the land of this case is obligated to remove each of the buildings of this case and deliver the land of this case to

(On the other hand, the plaintiff's right to move out against the possessor of the building. Thus, the plaintiff's right to move out of the land of this case is without merit. 3. Judgment as to the defendant's defense

A. From March 3, 1990, H, the Defendant’s husband, who was the Defendant’s husband, occupied the instant land in peace and public performance with the intent to own it. From September 5, 2001, the Defendant occupied H.