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(영문) 의정부지방법원 2017.03.23 2016가단108014

토지인도

Text

1. Defendant B:

A. Of the 27,186 square meters in Namyang-si, Namyang-si, an appraisal map in attached Form 6, 7, 8, 9, 10, 11, 12, 13.

Reasons

1. Facts of recognition;

A. The Plaintiff’s land ownership is the owner of D orchard 27,186 square meters and 60 square meters prior to F, Nam-si, Namyang-si.

B. Defendants B owned land. Defendant B owned the land of E-A-source 372 square meters and G large 246 square meters. The Defendants owned the G reinforced concrete structure and the 128.485 square meters of the 1st floor of Class 2 neighborhood living facilities of Class 4 of the 4th floor, 128.485 square meters of the 2nd floor, 128.485 square meters of the 3rd floor, 110.98 square meters of the 4th floor, 110.98 square meters of the 10.98 square meters of the 4th floor, and 10.75 square meters of the 1/2 district of the 1/2 district of the 1/2 district of

(2) Defendant B is entitled to construct a retaining wall of cement block on the ground of 17 square meters in the attached Form Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 6 of the appraisal sheet out of the land D and occupies the land of the said ship by constructing a retaining wall of cement block on the ground of 17 square meters in the part of (c) part of (c).

3) In addition, the Defendants installed concrete on the ground of 15 square meters in part inside the ship (2) which connects each point of the attached Table 1, 2, 3, 4, 5, and 1 among the D land in sequence, and installed concrete fences and drain brooms on the line connected each point of the boundary of D land and E land, D, F land, and G land, and the attached appraisal sheet abutting each point of the boundary of D land, D, and G land, 16, 17, 17, and 18 are installed, respectively. [In the absence of dispute over recognition, Gap evidence 1 through 5, Gap evidence 1-2-3, Gap evidence 2-1 through 3, and Gap evidence 3, each of Gap evidence 4-1 through 7, each of the images of Gap evidence 4-1 through 7, the result of the measurement and appraisal of the Korea National Land Information Corporation, the purport of the entire pleadings, the purport of the judgment of the judgment in full, as a whole,

A. According to the above facts, Defendant B, without authority, has built and occupied cement block retaining walls on the Plaintiff-owned D land without authority. The Defendants pack concrete on the Plaintiff-owned D land without authority, and install concrete fences and drainage brooms, and possess them. The Plaintiff-owned D land and F land installed drainage brooms and drain pipes as above.