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(영문) 부산지방법원 2020.01.31 2019나43122
토지인도
Text

1. Of the judgment of the court of first instance, the judgment against the plaintiff (Counterclaim defendant) who orders the following performance or payment of the principal lawsuit.

Reasons

1. Determination as to the cause of claim

A. As a result of the first instance court’s entrustment of appraisal to the Korea Land Information System of the first instance court, as a result of this court’s on-site inspection, the Plaintiff is the owner who completed the registration of ownership transfer on July 19, 2017 with respect to the land of 192 square meters (hereinafter “Plaintiff’s land”). The Defendant is the owner of a building on the ground of 344 square meters adjacent thereto (hereinafter “Defendant’s land”). Part of the instant building was 6 square meters connected to the Plaintiff’s land in order to each point of 30,29,18, 19, 31, and 30 square meters, and part of the building was 6 square meters connected to the Plaintiff’s land, and part of the building was 30,29, 18, 19, 31, and 30 square meters connected to the Plaintiff’s land, and part of the building was 26, 30, 319, 219, 261, 208.

According to the above facts, barring any special circumstance, the defendant is obligated to remove the above part of the building of this case and the above part of the building of this case, cement concrete structure and entrance, and deliver the above part of the building of this case to the plaintiff.

On the other hand, the plaintiff asserts that cement block fence has been 6 square meters in part inside the ship connected each point of 2,3,23, and 2 of the same drawings among the plaintiff's land, and sought removal and delivery of the above part of the land. However, in this case where the defendant alleged that the above part of the lawsuit of this case had completed removal and delivery of the above part of the land, the evidence submitted by the plaintiff alone is owned by the defendant to the above part of the land so far.

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