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(영문) 인천지방법원부천지원 2017.07.20 2016가단111593
부당이득반환 등
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 252 square meters in Incheon Strengthening-gun, the attached appraisal sheet No. 1, 2, 3, 4, 5, 6, 7, 16, 15.

Reasons

1. Facts of recognition;

A. On July 9, 1981, the Plaintiff acquired ownership of the C & 252 square meters (hereinafter “the Plaintiff’s land”). The Plaintiff owned the said land, and the Defendant owned D & 370 square meters (hereinafter “the Defendant’s land”) adjacent to the Plaintiff’s land of this case.

B. The Plaintiff’s land was originally owned by the Defendant’s father, but the ownership transfer registration was completed in the name of the deceased F, the Plaintiff’s father on March 3, 1962. On July 9, 1981, the ownership transfer registration was completed on the ground of donation on March 2, 1963 under the Plaintiff’s name.

C. On the ground of the Plaintiff’s land, there was a church building that was the first place. From October 31, 1975, the Defendant, from around October 31, 1975, remodeled the above church building into a house and resided therein. On November 27, 2003, the Defendant newly constructed a 107.22 square meters of the lusium roof 107.22 square meters of the land of this case (hereinafter “Defendant’s house”) on the Defendant’s land, and was residing in the Defendant’s house from around that time.

The Plaintiff’s land was destroyed by a church building on the ground and used as a dry field. The Defendant asserted that the Plaintiff’s land was its own ownership and had G, a Dong NN resident, cultivated the Plaintiff’s land from January 1, 2013.

E. Of the Plaintiff’s land, part of the attached appraisal of the attached sheet Nos. 1, 2, 3, 4, 5, 6, 7, 16, 15, 14, 13, 12, 11, and 1 of the attached sheet Nos. 57 square meters (hereinafter “the part of the land in dispute of this case”) connected to the Defendant’s land is being used as a road and part of the attached sheet Nos. 57 square meters (hereinafter “the part of the land in dispute of this case”) are connected to and used as a road. The Defendant newly constructed the Defendant’s house in this case on the Defendant’s land located in approximately two meters above the Plaintiff’s land in this case, and installed the land in this case, which constitutes a sloping slope that is close to the part adjacent to the Defendant’s land of this case, and installed

(f) the attached appraisal sheet is indicated.

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