beta
(영문) 의정부지방법원고양지원 2020.04.09 2019가단72560

토지인도

Text

1. The defendant shall be the plaintiff.

A. Of the 4920 square meters of land B in Gyeyang-gu, Goyang-gu, Yangyang-gu, Yangyang-gu, 18 through 39, and 18, each of the attached appraisal maps.

Reasons

1. Basic facts

A. From July 1, 1997 to August 28, 1998, the net C died after acquiring the entire shares of the instant forest.

Accordingly, on May 6, 2015, the Plaintiff succeeded to the instant forest land, and the Plaintiff purchased the instant land from D on October 29, 2018.

B. The Defendant, without the Plaintiff’s consent, installed each military installation (hereinafter “facilities of this case”), such as a portion of 37 square meters in the ship (vehicle name), 46 through 51, and 46 in sequence, which combine each point of (b) the portion of (c) in the ship which is located in the series of 167 square meters (traffic marks), 40 through 45, and 40 in the attached appraisal of the forest of this case in the instant case, in the order of 18 through 39, and 18, the attached appraisal of the forest of this case in the instant case (hereinafter “facilities of this case”).

C. Also, the name-free elderly is used as a residence, such as making walls and piling up goods with the sign board of the above vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 and 2, each of the records and images (including provisional numbers), the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant, without any title, has installed traffic signs, vehicles, etc. in the instant forest owned by the Plaintiff, and must remove them.

B. In addition, since the aforementioned installation of military installations occupies and manages the entire forest of this case, the entire forest of this case must be delivered to the Plaintiff.

3. Determination

A. According to the above facts of recognition as to the claim for removal, since the defendant is recognized to have installed the instant facilities without title, the plaintiff is obligated to remove the instant facilities.

B. On the other hand, the plaintiff asserts that the defendant occupies the entire forest of this case other than the land where the facilities of this case are located, while the defendant occupies only the part where the facilities of this case are installed.

The Defendant occupies a total of 241 square meters of land in the part where the instant facilities are located (=37 square meters of land) among the forest land in this case.