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(영문) 서울고등법원 2019.10.23 2019나2008090

토지인도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 22, 2016, the Plaintiff completed the registration of ownership transfer (the cause of registration: the sale on December 15, 2016) with respect to the Guro-gu Seoul Industrial Complex Corporation (hereinafter “instant land”) with respect to the land of 12,300 square meters (hereinafter “instant land”).

The plaintiff is proceeding with the "F" development project and related construction project that creates a complex business complex for the 7th underground and 39th above ground for the land of this case.

B. On June 24, 1997, the Defendant completed the registration of ownership transfer (the cause of registration: the sale on March 27, 1997) with respect to the factory site D 2,380 square meters adjacent to the instant land (hereinafter “instant factory site”).

The defendant is an enterprise that operates the factory in the above factory site, manufactures and exports automated machinery, etc.

C. The Defendant occupies 16 square meters of the part inside the instant land (hereinafter “the part in possession of this case”) connected in order to indicate 1, 2, 3, and 1 drawings among the instant land (attached Form 1) by installing a fence and a provisional building.

In addition, the Defendant, among the instant land, opened a vehicle entrance in the direction of 181 square meters in sequence of the indication of drawings 1, 2, 3, 4, 5, 6, and 1 among the instant land (hereinafter “instant passage”), and uses the instant passage as the passage of freight vehicles entering the Defendant’s place of business, etc.

The plaintiff is expected to create a pedestrian passage along which people frequent by executing construction works on the passage route of this case in relation to the development project of "F" and to establish a workplace child care center in the vicinity of the passage route of this case.

E. The upper part of the instant land including the instant passage and the instant land for factory (based on attached Forms 1 and 2) are adjacent to the secondary road (Seoul Guro G road) with a width of at least 10 meters.

【Fact-finding without dispute over the ground for recognition】 Each entry and video of Gap's 1 through 8, 13 through 17, 21 (including branch numbers for those with serial numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The cause of the action.