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(영문) 부산지방법원서부지원 2019.07.09 2018가단108825
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the 200.4 square meters in Busan Seo-gu D, Busan, each point of which is indicated in the attached Form 1, 8, 7, 6, 5, and 1.

Reasons

1. Facts of recognition;

A. On March 29, 2013, the Plaintiff completed the registration of ownership transfer based on the sale on March 19, 2013 in the Plaintiff’s name with respect to D large 200.4 square meters (hereinafter “instant site”) and the building on the said ground. On June 13, 2016, the Defendant completed the registration of ownership transfer on the instant site with respect to the Busan Seo-gu Embro 211.3 square meters adjacent to the instant site and its ground reinforced concrete and the two-story stores of block structure slives (hereinafter “instant store”) on April 4, 2016.

B. Part of the store of this case intrudes on the part “A” and 4.9 square meters (hereinafter “the part on the instant crime”) connected with each point of the separate sheet Nos. 1, 8, 7, 6, 5, and 1 among the instant land.

C. Meanwhile, the sum of 738,710 won (19,240 won from June 14, 2016 to February 20, 2019) for the part of the instant crime from June 14, 2016 to February 20, 2019 (270,460 won from April 1, 2018 to March 31, 2017) (269,010 won from April 1, 2018 to February 20, 2019) is KRW 25,40 won for the part of the instant crime from February 20, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 evidence 1 to 4, Gap evidence 3, and 4, each of the evidence 1 to 3, and this court's entrustment of appraisal to the Busan Vice-Governor of the Korea Land Information Corporation, the F Co., Ltd., the fact inquiry results of this court's inquiry about F Co., Ltd., the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Defendant, who owned and used the part of the instant bed part of the instant bed part on the ground of the instant bed part, is obligated to remove the part on the ground of the instant bed part of the instant bed part and deliver the part of the instant bed part to the Plaintiff, the owner of the instant bed part of the instant bed part.

B. In addition, the defendant is obligated to return the profits gained from the possession and use of the part of the instant crime to the plaintiff, and the possession and use of the ordinary real estate.

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