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(영문) 의정부지방법원 2017.06.22 2016가단6460

토지인도

Text

1. The Plaintiff, Defendant B, with respect to Defendant B’s share 3/9, and the remaining Defendants, with respect to each share of 2/9,000, F.

Reasons

1. The following facts do not conflict between the parties, or are described as Gap evidence 1, Gap evidence 2, Eul evidence 3-1 to 3, Gap evidence 4, Gap evidence 5-1 to 5, Gap evidence 6-1 to 4, the result of each survey and appraisal on the branch offices of the Korea Land Information Corporation in this court, the result of the survey and appraisal on the defendant's office of the court in this court, the results of the examination of the rent appraisal on the defendant's office of the court in this court, the whole purport of the pleadings, and there is a lack of counter-proof by only the descriptions of Eul evidence 1 to 4, Eul evidence 5-1 and 2, respectively.

On January 28, 2016, the Plaintiff acquired the Plaintiff’s land ownership of 1,584m2 (hereinafter “instant land”).

B. G’s act of installing a fence, etc. on July 23, 1996: (a) acquired the ownership of H large 357 square meters adjacent to the instant land; and (b) installed a steel fence on the part (a) of the instant land, which connects each point of the items indicated in the Appendix 5 through 10, indicated in the Map 1, among the instant land, to the part connected with the said points, and planted trees on the ground of 121 square meters in the same map; and (b) installed a stone fence on the part (b) which connects each point of the items indicated in the Map 7, 8, and 9, in sequence, to the part (b) which connects each point of the said Map 11 through 16, and 11, in sequence, attached Table 2.

(hereinafter referred to as “this case’s fence, etc.”) are located on the above ground.

G’s death and heir’s existence G died in around 2014, and the heir is Defendant C, D, and E, the wife of the network G, and the heir, and their inheritance shares are 3/9, Defendant C, D, and E, respectively.

As a result of the appraisal of rent of 121 square meters in part of the above inside ship, rent of KRW 848,00 for the possession and use from January 28, 2016 to April 7, 2017 is KRW 191,00 among the rent, from January 1, 2017 to April 7, 2017.

2. Determination

A. According to the facts found in the first instance judgment regarding removal and extradition request, the Defendants are deceased.