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(영문) 광주지방법원 2018.02.09 2017가단505938

토지인도

Text

1. The defendant shall be the plaintiff.

A. An indication of the attached drawing on the 1,435 square meters of land for a factory and 1,435 square meters of land for a 116 square meters in Jeonsung-gun, Jeonsung-gun.

Reasons

1. Basic facts

A. On October 13, 2011, the Plaintiff acquired ownership of the area of 116 square meters on a road in the Jeonsung-gun, Jeonsung-gun. On April 30, 2001, the Plaintiff acquired ownership of the area of 1,435 square meters for a factory in the Jeonsung-gun, Jeonsung-gun. On March 22, 2001, the Plaintiff acquired ownership of the area of 403 square meters on the area of 1,435 square meters for a factory in the Jeonsung-Gun

B. The defendant is owned by the plaintiff.

The F land adjacent to the land stated in the port is owned, and the housing is constructed on the ground.

However, a house owned by the Defendant and its fenced walls are attached Form 1, 16 square meters and D factory site 1,435 square meters owned by the Plaintiff, which are attached Form 1, 1, 2, 3, 4, 3, 2, and 1, the part (b), (d) (hereinafter “part (hereinafter “inboard”) and (d) (hereinafter “part (hereinafter “),”) attached Form 5, 4, 5, 6, 6, 5 square meters on the ground of 73 square meters and 403 square meters in order to be connected to the land owned by the Plaintiff, the part (f) [hereinafter “part (f)] attached Form 5, 4, 5, 6, and 5 square meters in order to be connected to the land owned by the Plaintiff.

[Reasons for Recognition] The fact that there is no dispute, the inquiry result on the branch office of the Korea Land Information Corporation, the appraiser G's appraisal result, and the purport of the whole pleadings

2. Determination on each request for removal and delivery

A. The judgment on the cause of the claim is based on the facts that the portion of (B), (d), and (f) owned by the Plaintiff, and the fact that the Defendant occupied by installing a fence, etc. on each of the above lands, as seen earlier.

Therefore, barring any special circumstance, the defendant is obligated to remove the fences and buildings installed on the ground level (B), (d), and (f) above to the plaintiff and deliver each of the above land to the plaintiff.

B. As to the Defendant’s assertion, the Defendant agreed to install a fence by exchanging land between the Defendant’s father and the father of the Plaintiff’s representative director, and accordingly, the part on the ship indicating the attached drawing (h) owned by the Defendant was indicated in the attached drawing (d), (i) and (f) owned by the Plaintiff.