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(영문) 창원지방법원진주지원 2017.06.08 2016가단31509
토지인도
Text

1 For the Plaintiff:

A. Defendant B, among forest E 1,514 square meters in Gyeongnam-gun, Namnam-do, respectively, indicated in attached Table 42-46, 35, and 42.

Reasons

1. Facts of recognition;

A. The Plaintiff owns 1,514 square meters of forest E in Nam-gun, Namnam-do (hereinafter “E forest”) and F 691 square meters of forest land (hereinafter “F site”).

B. Defendant B actually owns and actually resides in a house not registered on the ground of G land adjoining the forest land E (hereinafter “instant house”).

The instant housing is located on the ground along which part of the instant housing goes beyond the boundary and E’s appraisal of each point of the attached Forms 42-46, 35, and 42, and the Defendant B occupies and uses part (b) and 83 square meters (hereinafter “the instant occupied part”) of the said appraisal, including the said building part, among forest land E., as the site for the instant housing.

C. Defendant C and D occupy and use a warehouse on the ground of one square meter on which the same appraisal map among F sites is indicated (iv).

[Ground of recognition] Unsatisfy, Gap 1-4 evidence (including a satisfy number), the result of a request for surveying appraisal, the purport of the whole pleadings

2. The Plaintiff, as the owner of E forest land and F site, may request the Defendants who possess the said forest land and land for exclusion of interference.

Unless there are special circumstances, Defendant B is obligated to remove the part on the ground in which the occupied part of the instant housing, among the instant housing, was invaded by E and deliver the occupied part of the instant housing, and Defendant C and D are obligated to remove the storage on the ground of the F site and deliver the relevant part.

3. Determination as to Defendant B’s defense

A. The Defendant’s defense of the acquisition by prescription was donated from a large volume H, and resided near 50 years, and the Defendant, in 1971, reconstructed the place where the house was previously located, and was placed at the ma’s boundary and fence.

The defendant occupied only by recognizing the part of the place where he received the donation of this case as part of the place where he received the donation, and there was no objection or request for delivery.

The defendant shall perform the part of the possession of this case with the intention of ownership for at least 20 years.

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