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(영문) 의정부지방법원 2018.09.19 2016가단124870

토지인도

Text

1. Defendant B:

A. Of the area of 657 square meters prior to Do Government-si, the attached Form No. 15, 16, 17, 18, 12, 11, and 15 shall apply.

Reasons

1. Facts of recognition;

A. On March 2, 2015, the registration of ownership transfer was completed in the Plaintiff’s future on the ground of inheritance on March 2, 2015 with respect to the land of 657 square meters (hereinafter “instant land”).

B. Defendant B, prior to about 15 years prior to the instant land, created and resided in the ship (B) section of the board which connects each point of the attached Form No. 15, 16, 17, 18, 12, 11, and 15 in sequence, approximately 36 square meters of the housing site in the board (hereinafter “instant building”).

C. Defendant C used each of the instant containers on each of the instant land (hereinafter “each of the instant containers”) connected each point of approximately 18 square meters in the (g) section of the container connected each point of approximately 5 to 6 years, among the instant land, with approximately 42, 43, 44, 45, and 42 in sequence, and with approximately 18 square meters in the same drawings, which are connected each point of about 46, 47, 48, 49, and 46 in sequence.

Defendant C used the warehouse of each case in each of the following items: (a) the portion of the instant land, which is not owned by the principal from June 1995 to June 10, 21, 22, 23, 24, 25, 26, 19, 19, and 20, among the instant land, which is not owned by the principal, are approximately 40 square meters in each of the items indicated in the separate sheet No. 20, 21, 22, 23, 24, 25, 26, 19, 19, and 29, 27, 29, 30, 31, 32, 33, and 27 square meters in each of the items in each of (d) the (i) portion of the instant land, which is connected in sequence to each of (i) the items in each of (i) the said drawings, 50, 51, 13, 14, 10, and 50.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1, result of a request for surveying and appraisal to the Vice-Governor of the Korean Land Information Corporation, purport of whole pleadings

2. The assertion and judgment

A. According to the facts of recognition 1 as to the claim against Defendant B, the above Defendant without title owned the instant building on the instant land without title, but infringed on Plaintiff’s land ownership by using the pertinent land.