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(영문) 수원지방법원평택지원 2020.01.10 2017가단59855
토지인도
Text

1. The Plaintiff:

A. Defendant B indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, and 1 on the ground of Pyeongtaek-si D Forest land 2768 square meters.

Reasons

1. Basic facts

A. The Plaintiff owned one of the co-owners of Pyeongtaek-si D Forest land 2768 square meters (hereinafter “instant land”) and owned 9/2768 shares of the instant land.

B. From around 2006 to August 19, 2010, Defendant B entered into a lease agreement with the owner of the instant land, setting the following as KRW 500,00 per annum without a deposit. In order to connect each point of the instant land with 1,2,3,4,5,6,7, and 1 in sequence, the portion of the house attached to the instant land is 88 square meters; 8,9,10,11, and 8; 43 square meters of livestock pens; 12,13,14,15, and 12; 16,000 square meters of the instant land; 2,000 square meters of the instant land; 2,000 square meters of the instant land; 36,000 square meters of the instant land; 2,000 square meters of the connected land to Defendant C; 36,000 square meters of the instant land; 2,000 square meters of the connected land to Defendant C, 262, 262,0.

[Ground of recognition] Unsatisfy, Gap 1-5 evidence, Eul 1 evidence (including additional number), the result of the commission of appraisal to F by this court, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff can exercise the right to claim the removal of disturbance against the land of this case as a co-owner of the land of this case as an act of preserving jointly owned property. Thus, unless the defendant B did not prove the legitimate source of right to possess land, he is obligated to remove the ground of this case and deliver the land of this case to the plaintiff. The defendant C

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