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(영문) 수원지방법원여주지원 2014.06.11 2012가단9418

토지인도 등

Text

1. The defendant is not less than 26,723 square meters among D forest land in Echeon-si.

(a) in sequence 4, 5, 6, 7, and 4 of the Annexed Map marks;

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of D Forest land 26,723 square meters (hereinafter “the Plaintiff’s land”).

B. The Defendant is the owner of land E, 3,465 square meters adjacent to the above land (hereinafter “the Defendant’s land”). The Defendant obtained a loan of 6,645 square meters from the State adjacent to the Plaintiff’s land in this case and the Defendant’s land, and operates orchard in each of the above land and the land adjacent to each of the above land.

C. Of the Plaintiff’s land, the parts of the attached Form Nos. 4, 5, 6, 7, and 4 connected with each point of the attached Form No. 4, 5, 6, 7, and 4 are 22 square meters, there is a prefabricated-type prefabricated roof that the Defendant newly built (hereinafter “instant warehouse”).

Of the Plaintiff’s land, the part concerning the damage caused in the ship connected with each point of 13, 14, 15, 16, 4, 5, 6, 7, 33, and 13 indicated in the annexed drawing among the land of this case (hereinafter “the part concerning the damage caused in the instant case”) is occupied by the Defendant for the purpose of parking and passage of vehicles to enter the warehouse of this case and the Defendant’s orchard.

Of the Plaintiff’s land, the part of 90 square meters in the part on the ship connecting each point of 15, 16, 28, and 15, among the attached drawings (hereinafter “the part on the ship”) and the part of 90 square meters in the part on the ship connecting each point of 23, 24, 36, and 23 of the same drawings are occupied by the Defendant for the purpose of using the warehouse of this case and the Defendant’s passage to the orchard.

[Ground of recognition] A without dispute, Gap evidence 1 through Gap evidence 4, Eul evidence 1, Eul evidence 5-1 to 14, video of this court's on-site inspection result, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiffs, co-owners of the land of this case, the defendant removed the warehouse part of this case, and delivered the land of this case as the site of this case, barring any special circumstances. The land of this case, which is the land of this case, shall be caused by the occurrence of a disaster, cryp