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(영문) 서울북부지방법원 2017.07.06 2016가합22596

토지인도

Text

1. The defendant is not less than 10,351 square meters among the plaintiff, Gangnam-gu Seoul Northern District C, Seoul, and the defendant

A. List 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11.

Reasons

1. Facts of recognition;

A. The Plaintiff as a party is a school foundation established on May 1, 1972 with the aim of providing early childhood education and secondary education on the basis of the educational ideology of the Republic of Korea, and has established and operated D Middle Schools, E High Schools, and F Kindergartens to achieve the above purpose.

B. On October 18, 1972, the Plaintiff owned the Plaintiff’s land, completed the registration of ownership transfer on the ground of donation from October 10, 1972 with respect to 10,351 square meters (hereinafter “instant land”). D middle schools and E high schools on the ground of the instant land.

C. Defendant’s land occupation and ownership of a building on the ground) The Defendant currently occupies a part of 220 square meters in the ship that connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 1 in sequence among the instant land (hereinafter “the part occupied in this case”).

(2) The Defendant currently owns 13 square meters of a warehouse building on the ground of “(1)” portion of the instant land, which was connected in order to each point of 1,2,17,16, 16, and 23, 24, 25, 26, 27, 13, 14, 18, 19, 20, 21, 22, and 23 in sequence, in the part of “B” portion of “B” of the instant land, which was connected in order to each point of 84 square meters of a housing building, 84 square meters of a drawing, 9, 10, 11, 12, 28, and 9 in sequence.

(hereinafter referred to as "each of the above buildings of this case"). [Grounds for recognition] without dispute; entries and images of Gap evidence 1 through 10 (including each number; hereinafter the same shall apply); the result of the appraisal commission to the Seoul Northern Vice Governor of the Korea Land Information Corporation, the purport of the entire pleadings, as a whole.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the occupied part of this case to the plaintiff, and remove each of the above ground buildings of this case, unless there are special circumstances.

B. The judgment on the Defendant’s defense, etc. is before the land of this case.