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(영문) 춘천지방법원 2016.02.02 2015가단2341
토지인도 등
Text

1. The defendant is not less than 18697 square meters of land for factory in Gangseo-gun Hongcheon-gun.

A. Attached Form

1. Map 1, 2, 3, 4.

Reasons

1. Facts of recognition;

A. On August 22, 1997, the Plaintiff completed the registration of transfer of ownership based on sale as to the land for a factory in Hongcheon-gun, Hongcheon-gun, 18697 square meters (hereinafter “instant land”).

B. The Defendant completed the registration of ownership transfer on May 31, 2001 with respect to D gas station site, 3648 square meters adjacent to the instant land (hereinafter “instant adjacent land”), and completed the registration of ownership preservation on April 29, 2003 by constructing a gas station building on the said land.

C. However, among the land of this case, the annexed sheet

1. There is a prefabricated building, which is an appurtenant building to a gas station owned by the defendant on the ground in sequence of each point in Section 1, 2, 3, 4 and 1, connected to each point of Section 1, and among the above gas station buildings attached thereto;

2. The portion of five square meters in a ship which connects each point of 2 square meters in a ship which connects each point of 3, 4, 5, and 3 in order to each point of 6, 7, 8, and 6 square meters in a ship is invaded by the instant land.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (if there are serial numbers, including each number; hereinafter the same shall apply) and images, the result of the request for surveying and appraisal to the Director of the Hongcheon Branch of the Korea National Land Information Corporation in this Court, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, unless there are special circumstances, the defendant shall own the defendant on the ground of the land of this case to the plaintiff, the owner of the land of this case

1. The section section of the drawing, and the attached Form among the gas station buildings owned by the defendant;

2. There is a duty to remove each part of 2 square meters inside a ship connecting each point of 3, 4, 5, and 3 of drawings, and 5 square meters inside a ship connecting each point of 6, 7, 8, and 6 of drawings, and to deliver each parcel of land.

B. The Defendant asserts to the effect that the Plaintiff has a legitimate title to occupy the instant land since the Plaintiff consented to the occupation and use of 690 square meters of the instant land among the instant land.

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