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(영문) 대구지방법원 2020.10.21 2019가단145981
토지인도
Text

1. The defendant (Counterclaim plaintiff) indicated the attached Form 2 to 6.6.

Reasons

1. Facts of recognition;

A. The instant land is owned by the Plaintiff, and the Defendant is the owner of E large scale 126 square meters adjacent to the instant land.

B. A fence is installed between the instant land and the Defendant’s land. The fence is installed on the ground of the instant dispute, which is owned by the Plaintiff, beyond the boundary of the original and the Defendant’s land.

The plaintiff and the defendant are not those who installed the fence of this case, but those who installed the fence of this case, and it is not clear who installed them.

C. One of the above fences has a gate of the housing owned by the Defendant, and the main gate has concrete structures, and this structure is supported by connection with the brick accumulated on the said fence.

Part of the above concrete structure and part of the temporary structure connected to it are the part of the land in the dispute of this case owned by the plaintiff. D.

On the other hand, among the land in this case, the portion of 10.2 square meters in the ship connecting each point of 8 to 11, 7, and 8 of the attached appraisal drawing has been used as a road along with the part of the defendant and the land (F) adjacent thereto in the same form (see the evidence No. 8 of this case). The plaintiff used his own house to use it as a passage, and only the defendant and the third party (F housing) used it as a passage to each house.

Although the Plaintiff knew that the fence, etc. on the ground part of the land in the instant case was invaded by the Plaintiff’s land, the Plaintiff sought correction thereof to the Defendant. However, as the Defendant raised a dispute due to the dispute, etc., the Plaintiff installed a steel fence on the boundary of the land in the said part (A) and prevented the Defendant from passing through the Defendant by planting crops.

E. The defendant operates a restaurant in his house, and the remaining parts except the part of the plaintiff's land alone interfere with its passage, and the appropriate passage can be ensured to the extent that the passage including the above (a) part is included.

This part is the plaintiff.

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