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(영문) 대구지방법원 2014.12.30 2014가단22465
토지인도 등
Text

1. The defendant shall take precedence over the plaintiff, and each point of the attached Form 8, 9, 16, 7, and 8 among the land size of 122 square meters in Daegu Jung-gu, Daegu-gu.

Reasons

1. Facts recognized;

A. The Plaintiff is an owner of the Daegu Jung-gu Seoul metropolitan area of 122 square meters (hereinafter “Plaintiff’s land”).

B. However, part of an unauthorized building located on the Plaintiff’s land, located on the Daegu Jung-gu D site, Daegu-gu, which is adjacent to the Plaintiff’s land, is located on each land of 0.4 square meters in the connected section 2.7 square meters and each point of 9, 10, 16, and 9 of drawings such as 2.7 square meters and the same drawings among the Plaintiff’s land.

C. The defendant's side purchases and occupies the above building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 and 2, results of a request for measurement and appraisal with respect to E, and the purport of whole pleadings

2. According to the above findings of recognition as to the cause of the claim, the defendant is obligated to remove the above 2/3 of the ground buildings and deliver the above part of the land to the plaintiff, except in extenuating circumstances.

In regard to this, the defendant asserts that the above building is purchased and purchased. However, just because it is alleged by the defendant, it cannot be said that the defendant has the right to possess the above part. Thus, the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable and thus the plaintiff's winning judgment is pronounced.

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