토지인도
1. The defendant has each point of the attached Form 8, 9, 10, 11, 12, 13, 6, and 8 among the land size of Eunpyeong-gu Seoul Metropolitan Government 720 square meters to the plaintiff.
1. The Plaintiff’s judgment on the cause of the claim (hereinafter “instant land”) completed the registration of ownership transfer on September 22, 2016 with respect to the land of Eunpyeong-gu Seoul Metropolitan Government C large 720 square meters (hereinafter “instant land”). The Defendant is the owner of D land adjacent to the instant land and its ground buildings (hereinafter “instant adjacent land and buildings”). According to the result of appraisal on the instant adjacent building, the fact that the concrete structure and fence part constructed on the part of the instant adjacent building are 10 square meters of the land of the attached land (hereinafter “instant dispute part”) connected each point of the attached Form 8,9,10,10,11, 12, 13, 6, and 8 among the instant land and the adjacent building, and the Korea Land Information Corporation’s Korea Land Information Corporation entrusted the appraisal of the instant land may recognize it.
Therefore, barring any special circumstance, the Defendant is obligated to remove the ground structure and fence of the land in the instant case among the land owners and deliver the land in the instant case to the Plaintiff, who is the owner of the instant land.
2. Judgment on the defendant's assertion
A. The Defendant asserts that since the Plaintiff intended to purchase the instant land according to the boundary at the time of purchase, the boundary between the instant land and the instant adjacent land should be recognized according to the current status at the time of purchase.
Where a parcel of land is registered with one parcel in the cadastral record under the Cadastral Act, the location, lot number, land category, land register, and boundary of the land are specified as this registration unless there are other special circumstances. The scope of ownership is determined by the boundary on the public register regardless of the actual boundary. Thus, the sale and purchase of the land is not the intention of a party to trade the land, the ownership of which is determined by the cadastral record, but the fact of selling and selling the land at the actual boundary is recognized, unless there are special circumstances, such as