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(영문) 창원지방법원진주지원 2016.05.31 2015가단6933
토지명도
Text

1. The defendant is among each land listed in the separate sheet to the plaintiff.

A. Each point of 30, 31, 32, 33, and 30 of the Annexed Drawings.

Reasons

1. On September 16, 2014, the Plaintiff completed the registration of ownership transfer for each land listed in the separate sheet on August 8, 2014.

The Defendant owns each of the items listed in the separate sheet 30, 31, 32, 33, and 30 of the items listed in the separate sheet among the land listed in the separate sheet, and owns each of the items listed in the separate sheet 82 square meters on the part of the ground building (b) connected in order to each item of (i) above 15 square meters of ground containers and 34, 35, 36, 37, 38, 39, 40, 40, 41, and 34 in the separate sheet, and owned each item of (iii) above 82 square meters of ground buildings in the separate sheet, (iv), (v), 5, 6) above ground trees (i) above, 20, 100 square meters of pine trees, 10g

[1] Each entry of the above (1), (2), (3), (4), (5), and (6) parts of the land in this case (hereinafter referred to as "the part of the land in this case") / [based on recognition] / Each entry of subparagraphs 1 through 4 (including additional numbers), the result of the on-site inspection by the appraiser B, the purport of the entire pleadings, as a result of the appraiser B's survey and appraisal

2. According to the above facts of determination as to the plaintiff's cause of claim, the defendant should remove the building on the ground to the plaintiff, who is the owner of the land of this case, and collect trees, and deliver the part of the land of this case.

3. Judgment on the defendant's assertion

A. The defendant asserts that since the defendant's father C and the defendant from 1984 to 1984 possessed and used part of the land stated in Paragraph 2 of the annexed Table No. 2, the prescription period for possession of the above land has expired from 1984 to 20 years.

Comprehensively taking account of the purport of the entire pleadings in the evidence Nos. 1 through 3 and No. 1-2, it can be acknowledged that C, the father of the defendant, purchased the land listed in paragraph (2) of the attached Table No. 2 of November 2, 1984, and occupied and used the above part of the land, and the defendant continued to possess and use the above part of the land.

Therefore, C from November 2, 1984, which began to occupy the above part of land, 204.

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