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(영문) 춘천지방법원강릉지원 2019.05.15 2018가단35871
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendants occupy a fence on the ground of 1,2,34,5, and 105 square meters of the attached Form No. 1,2,333 square meters of the land owned by the Plaintiff’s assertion (hereinafter “instant land”). Thus, the Defendants are obligated to remove the above obstacles to the Plaintiff, who is the landowner, and deliver the said land to the Plaintiff.

2. According to the statement in Gap evidence No. 1-1, the fact that the plaintiff owned the land of this case can be acknowledged.

However, on the instant land, the Defendants installed fences, etc.

There is no evidence to acknowledge the possession of the above land portion.

The Plaintiff asserts that there was an error in the outcome of the request for surveying and appraisal by the appraiser Korea Land Information Corporation, which is inconsistent with his/her own assertion, but the appraiser’s appraisal result is respected unless there is a obvious fault, such as that the appraisal method is contrary to the empirical rule or unreasonable (see, e.g., Supreme Court Decisions 2011Da103199, Jan. 24, 2013; 2013Da92866, Dec. 11, 2014); and the Plaintiff’s above assertion is not acceptable.

Therefore, the plaintiff's above assertion is without merit.

3. In conclusion, the Plaintiff’s claim against the Defendants is dismissed as it is without merit. It is so decided as per Disposition.

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