logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2017.05.17 2016가단4385
토지인도 등
Text

1. The Defendants are located in the line in order of 1, 2, 3, 4, and 1 of the annexed drawings among the area of 397 square meters in Gangseo-si G, Gangnam-si.

Reasons

1. Judgment on the plaintiff's claim

A. On February 12, 2004, the Plaintiff completed the registration of ownership transfer based on inheritance by agreement division with respect to one half of the remaining one-half of the land out of the above land in Gangseo-si, Gangnam-si (hereinafter “instant land”).

B. The Defendants share cement and co-ownership of 65.55 square meters in the instant building, i.e., cement and co-ownership of sapacle 65.5 square meters in Gangnam-si H (hereinafter “instant building”).

C. The instant building occupies the part (Ga) located in the line (hereinafter “instant part of land”) in sequence 1, 2, 3, 4, and 1 of the attached drawing among the area of 397 square meters in Gangseo-si, Gangnam-si.

[Reasons for Recognition: Facts that Defendant B, D, and E are regarded as confessions, there is no dispute over Defendant C, and F, evidence No. 1, each entry of evidence No. 2, and the purport of the whole pleadings]

2. Assertion and determination

A. Comprehensively taking account of the facts found in the judgment on the Plaintiff’s claim, the Defendants are obligated to file the instant building with the Plaintiff, and deliver the instant land portion to the Plaintiff, unless there is no legitimate title to use the instant land portion.

B. As to Defendant C’s assertion, Defendant C asserted that Defendant C’s father, who was the former owner of the land of this case, managed the land of this case and allowed the Plaintiff, his father, the father of the Defendant, to manage the land of Gangseo-si and set up seven graveyards, and thus, it cannot comply with the Plaintiff’s request. However, there is no evidence to support that the father of the Plaintiff allowed I to use the land of this case.

We do not accept the defendant's argument.

Meanwhile, while the Plaintiff filed a lawsuit against Defendant C to remove a building as the Chuncheon District Court 2001Gadan4015, the Plaintiff was an agreement (Evidence A5, hereinafter the instant agreement) with Defendant C to receive five horses of rice from the 2011 in the course of the said lawsuit, the Plaintiff did not pay the land rent agreed upon by the Defendant C after the instant agreement.

arrow