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(영문) 창원지방법원통영지원 2015.10.15 2015가단1214

토지인도 청구

Text

1. The defendant, among the land size of 654 square meters in Doo-si Doo-si Doo-si, has each point indicated in the attached Form 1, 2, 3, 9, and 1.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners who own 1/2 shares of D large scale 654 square meters (hereinafter “instant land”) at the same time.

B. The Defendant is the owner of E large scale E 701 square meters at the same time.

C. The Defendant occupies the portion of 15 square meters in the ship (hereinafter “the part in possession of this case”) that connects each point of the attached Table 1, 2, 3, 9, and 1 among the land in this case owned by the Plaintiffs in sequence.

[Ground of recognition] Facts that there is no dispute between the parties; Gap evidence 1-1, 4, and Gap evidence 2-1; the result of this court's commission of surveying and appraisal to the chief of the Korea Land Information Corporation; the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged above, the defendant is obligated to deliver the part of possession of this case to the plaintiffs, unless the defendant asserts and does not prove the legitimate right to possess the part of possession of this case.

B. The defendant asserts that the occupied part of this case is not intentionally occupied or is not negligent in its possession, but such assertion does not affect the above duty of delivery.

3. Conclusion, the plaintiffs' claim is justified.