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(영문) 창원지방법원 진주지원 2017.02.03 2016가단5364

토지인도 등

Text

1. The Defendant: (a) is not less than 125 square meters for the Plaintiff, Hadong-gun, Chungcheongnam-dong; (b)

A. The attached appraisal marks 6, 12 each point are the same in sequence.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer based on sale on November 5, 1983 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992) as to the land owned by the Plaintiff, Chang-dong District Court (hereinafter “Plaintiff-owned land”) No. 2440 on December 27, 1993.

B. The Defendant completed the registration of ownership transfer on November 15, 201 by the Changwon District Court (Seoul District Court Hawon-dong Branch Office) with respect to the 496 square meters (hereinafter “Defendant’s land”).

On June 8, 2012, E. 56 square meters has been divided from the land owned by the Defendant, and the land owned by the Defendant was combined with F. 76 square meters, G 83 square meters, and H 121 square meters on July 25, 2012. The land owned by the Defendant was finally divided into 720 square meters.

C. From January 12, 2012, the Defendant constructed a detached house on the site owned by the Defendant and obtained approval for use on May 1, 2012, and completed the registration of initial ownership on his/her own name on May 7, 2012.

As stated in the preceding paragraph, the Defendant constructed a detached house, and installed a brick fence (hereinafter “instant fence”) on the line that connects each point of the 6,12 marks on the Plaintiff’s land owned by the Defendant in sequence, and installed a brick fence (hereinafter “instant wall”). The attached appraisal also connects each point of 6, 7, 28, 12, and 6 to the part on the ship (hereinafter “instant dispute part”), which connects each point of 6, 7, 28, 12, and 6, by means of installation of a studio (hereinafter “instant dispute”).

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2-2-2-3, the result of on-site inspection conducted by this court, the result of appraiser I's survey and appraisal conducted by appraiser I, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion is that the defendant constructed a detached house on the land owned by the defendant, and ① connects each point of the separate appraisal in the land owned by the plaintiff to each point of the attached Table 1, 2, 10, 11, 12, 8, 9, and 1 for the passage of construction vehicles.