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(영문) 의정부지방법원고양지원 2019.09.19 2018가단15041
토지인도등
Text

1. The Defendants indicated in the attached Form 6, 7, 3, 8, 9, 5, among the land of 1429 square meters in Gyeyang-gu, Gyeyang-gu, Gyeonggi-do. The Defendants are the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 1, 2017, the Plaintiff completed the registration of the transfer of ownership as the receipt No. 28271 on March 9, 2017, with respect to the land of 1429 square meters (hereinafter “instant land”).

B. The Defendants, among the instant land, install a vinyl (hereinafter “the instant vinyl”) on the ground of 100 square meters inboard (hereinafter “the instant land occupation part”) that connects 6,7,3,8,9,5, and 6 the attached drawing indication among the land in the instant case, each of which is linked in sequence to each of the instant land, and reside therein.

C. On February 15, 2017, Defendant B signed a letter of commitment to remove an illegal vinyl installed on the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the result of the request for measurement and appraisal to the senior branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendants are obligated to remove the instant vinyl and deliver the part of possession of the instant land to the Plaintiff, the owner of the instant land, unless the Defendants prove that there was a legitimate title to possess the instant vinyl.

The Defendants asserted that the instant vinyl was installed and resided in the instant vinyl by concluding a land lease contract with E, the owner of neighboring land. However, the said land lease contract was concluded.

or there is no evidence to prove that the above E has the authority to conclude a lease agreement on the instant land.

On the other hand, the Defendants are Defendant B’s 1.C.

It is alleged that the Plaintiff cannot remove the instant vinyl until the implementation of the agreement, since the Plaintiff agreed to hold another vinyl house at the time when the agreement as described in the port was made.

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