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(영문) 의정부지방법원 2017.12.22 2017가단102938
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the 1,101m2 in Macheon-si, each point is indicated in the annexed drawings 1 to 1,101m2.

Reasons

1. Determination as to the cause of claim

(a) The following facts may be acknowledged, either in dispute between us, or in full view of the purport of all pleadings as a result of the request for voluntary appraisal to the D Appraisal Office of this Court for the appraisal and appraisal of Gap evidence 1, 2 (including the branch numbers), and 3 images, and the result of the request for appraisal to the D Appraisal Office of this Court for the measurement and appraisal of the D Appraisal Office of this Court:

1) On July 28, 2015, the Plaintiff is entitled to “land owned by the Plaintiff” (hereinafter “Plaintiff-owned land”).

(2) On or before July 28, 2015, the Defendant newly constructed a 245 square meters of the wall solided part of the land owned by the Plaintiff on the ground of (i) or (ii) 245 square meters of the part of the lower court located within the scope of the lower court, which connected each point of the Plaintiff’s land (hereinafter “the instant part”) and owned the instant part of the instant part.

3) From July 28, 2015 to August 31, 2017, the amount equivalent to rent is a total of 5,894,800 won from July 28, 2015 to August 31, 2017, and the amount equivalent to rent after September 1, 2017 is KRW 186,800 per month. B. According to the above facts of recognition, the Defendant is obligated to remove the instant hall to the Plaintiff and deliver the part of the instant crime among the land owned by the Plaintiff. Since the construction of the instant hall after acquiring the ownership of the Plaintiff’s land from July 28, 2015 to August 31, 2017, the Plaintiff’s claim for rent was not submitted to the Plaintiff and the Defendant’s claim for rent payment from September 1, 2017 to September 16, 2017. Thus, the Plaintiff’s claim for rent payment cannot be asserted to the effect that the Plaintiff’s claim for rent payment was not made.

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