logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.02.14 2017나54845
토지인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on July 16, 2015, as the receipt No. 96573 on July 16, 2015, with regard to the Suwon District Court, Dongwon District Court (hereinafter referred to as “Dongwon Registry”) with regard to the registration of Dongwon District Court (hereinafter referred to as “Dongwon Registry”) as to the marking of the location of the land in Suwon-si, Suwon-si C, 196§³ (hereinafter referred to as “U

B. The Defendant completed the registration of ownership transfer as of April 18, 2001 with respect to D’s 370 square meters adjacent to C’s land (hereinafter “D’), and completed the registration of ownership transfer as of November 13, 2001 with respect to D’s ground building (hereinafter “instant building”). The Defendant completed the registration of ownership preservation as of November 13, 2001 with respect to D’s ground building (hereinafter “instant building”).

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1 and 2 (including, if any, the number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that part of the land owned by the Plaintiff owned a fence and occupied the fence.

In full view of the evidence No. 11, Eul evidence No. 12, the result of the survey and appraisal conducted by the appraiser E of the first instance trial, and the purport of the entire pleadings, it is recognized that there exists a fence installed by the defendant on the part connected to each point of No. 6, 8 among the land owned by the plaintiff C, and that the defendant occupied the part of No. 1, located inside the wall of this case among the land owned by the plaintiff C, and barring any special circumstance, the defendant removed the wall of this case to the plaintiff who exercises the right to claim for the removal of interference based on ownership, and is obliged to deliver the part of No.

B. The defendant's assertion and judgment 1 defendant made a boundary restoration survey on April 18, 201 in order to construct a building on the ground of D land, and accordingly, he was subject to the construction completion survey on September 10, 201 after constructing the building of this case.

According to the above land survey and current status survey, the fence of this case is not C land.

arrow