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(영문) 광주지방법원 순천지원 2018.10.10 2018가단74508
토지인도
Text

1. The Defendant, among the land size of 165 square meters in 1,000 square meters in 165 square meters in the order of each of the items indicated in the attached Form 8, 9, 10, 18, 3, and 8.

Reasons

1. As to the instant lawsuit seeking the removal of a part of the building owned by the Defendant, in which the Plaintiff infringed on the land owned by the Plaintiff, the Defendant all completed the removal of the part of the building, which infringed on the Plaintiff’s land. Therefore, the instant lawsuit is asserted that there is no legal interest in the lawsuit.

The statement of evidence Nos. 1 through 3 alone is insufficient to acknowledge the defendant's above assertion, and there is no other evidence to acknowledge it, and the defendant's defense is without merit.

2. In the case of the judgment on the merits, C. C. C. 165 square meters are owned by the Plaintiff, and the fact that the building owned by the Defendant is owned without the authority of 2.3 square meters, which connects each point of 8,9,10,18, 18, 3, and 8 among the land above, 6 square meters of “A” portion of 15, 16, 17, 4, 14, and 15 of the attached drawings among the above land, and that the assembly-type warehouse owned by the Defendant owns 3 square meters of “B” portion without the authority of 3 square meters of the same drawings, or can be acknowledged by the commission of appraisal and the entire purport of the pleadings by this court.

According to the above facts, the defendant has a duty to remove 6m2 and 3m2 in the above land on the ground of "A" and 6m2 in the ship.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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