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(영문) 수원지방법원여주지원 2019.06.12 2018가단55116
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the 20,430 square meters of C forest land in Yju-si, each point is indicated in attached Form 1-57 and 1.

Reasons

1. Facts of recognition;

A. On July 20, 1971, the ownership transfer registration was completed on July 31, 1971 with respect to C Forest land 20,430 square meters (hereinafter “the instant forest”) on the ground of sale and purchase on July 20, 1971, and on May 2, 2017, the Plaintiff, a spouse of D, was completed on May 2, 2017.

B. At present, among the forest land in this case, concrete packaging is made on the ground of partial 453 square meters (hereinafter “instant land”) connected with each point of the annexed No. 1-57 and 1 in sequence, among the forest land in this case, and sewage pipes are laid underground.

In around 201, the above concrete packaging was respectively established by the defendant around 2001 and around 2011.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1, 2, 4, 6, and 8; the result of this court’s commission of surveying and appraisal to the female branch office of the Korea Land Information Corporation; the purport of the whole pleadings

2. Determination on removal and request for extradition

A. According to the facts of recognition under Paragraph (1) of the judgment on the cause of the claim, the Defendant installed concrete packaging on the ground of the instant land owned by the Plaintiff, and laid down a sewage pipe on that ground.

It is reasonable to view that the Defendant occupied the land No. 1 from that time on the ground that it used concrete packaging on the land No. 1 in 2001 for the general public’s traffic.

Therefore, the defendant, barring special circumstances, has the duty to remove the above concrete packaging and sewage pipe from each other and deliver the land No. 1 to the plaintiff.

B. The summary of the Defendant’s argument 1 as to the Defendant’s assertion: (a) D, the former owner of the instant land No. 1, waives the exclusive right to use and benefit from the instant land by offering the instant land No. 1 for the purpose of general public; and (b) the Plaintiff acquired the ownership of the instant land No. 1 with knowledge of such circumstance, and thus, cannot claim exclusive right to use and benefit from

② The Plaintiff’s removal and request for extradition are made.

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