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(영문) 의정부지방법원 고양지원 2017.04.26 2016가단29305
토지인도
Text

1. The defendant marks 1, 2, 3, 4, 5, and 1 of the annexed drawings among the area of 156 square meters in Gyeyang-gu Seoul Metropolitan City, Yangyang-gu, Yangyang-gu.

Reasons

1. Determination as to the cause of claim

A. 1) The Republic of Korea shall be deemed to be the land of this case 156 square meters in Gyeyang-gu, Yangyang-gu (hereinafter “instant land”).

(2) On June 29, 2016, Plaintiff A entered into a sales contract with the Republic of Korea for the purchase of the instant land, and completed the registration of ownership transfer on September 7, 2016 as the receipt No. 12995 with respect to the instant land on November 16, 2016, and thereafter, Plaintiff A donated the Plaintiff B the share of 1/2 of the instant land to the Plaintiff on November 16, 2016, and subsequently, registered the ownership transfer on November 16, 2016 with Yangyang Branch Branch Branch Office of the District Court on the ground of the said sale.

3) Meanwhile, among the instant land, the part of “A” is 13 square meters on board, which connects each point of the separate sheet Nos. 1, 2, 3, 4, 5, and 1 in sequence, among the instant land (hereinafter “instant part of land”).

A) A Party is incorporated into a road with a 2,342 square meters as well as a d ditch in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, and the Defendant currently occupies and manages it. [The fact that there is no dispute over the grounds for recognition, Gap’s entries in Gap’s 1 through 6, 8, 9, 11, 12, and Eul’s evidence No. 1 and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant who occupies the part of the land of this case, barring special circumstances, has a duty to return the part of the land of this case to the plaintiffs who are its owners.

2. In conclusion, the plaintiffs' claim of this case is reasonable, and it is so decided as per Disposition.

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