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(영문) 대전지방법원서산지원 2015.09.15 2015가단1071
토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) all trees owned by the Defendant listed on the ground of the land listed in the annex No. 1;

Reasons

1. Basic facts

A. Nonparty F owned 2/10 shares of Nonparty F, Nonparty G’s 3/10 shares, Nonparty H’s 5/10 shares, and Nonparty H’s 694 square meters of forest land in Seosan-si (hereinafter “C”), and the said annexation was registered as 2,831 square meters of forest land on August 10, 201. The said annexation was re-registered as 2,831 square meters of forest land on August 10, 201, and was re-divided as 458 square meters of forest land in JJ 2,373 square meters on the same day.

B. On December 15, 2014, F, G, and H consulted on partition of co-owned land with respect to the above land and other co-owned land. Accordingly, on December 19, 2014, the part dividing the I forest land 458 square meters (land indicated in paragraph (1) of the attached Table) and J forest 2,373 square meters (attached Table 2 of the attached Table) and K forest 698 square meters (land indicated in paragraph (2) of the attached Table) were owned solely by H.

C. On January 21, 2015, the Plaintiff donated each land indicated in the separate sheet (hereinafter “instant land”) from H, the husband of which, and completed the registration of ownership transfer under the Plaintiff’s name on January 27, 2015.

The defendant owns each building and trees (hereinafter referred to as "each building of this case") on the ground of the land of this case from several years to the owner of the land adjacent to the land of this case, as described in paragraph (1) of the order.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 11 through 13 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to remove each of the buildings of this case to the plaintiff who is the owner of the land of this case and deliver the land of this case, unless there are special circumstances.

B. The judgment of the defendant on the defendant's assertion is just that although the non-party L, the former south of the defendant, purchased the land of this case and the house on its ground from M on January 31, 1972, and paid the balance on February 20, 1972, the transfer registration was not yet made, L occupied the land of this case in peace and public performance as its own intention from February 20, 1972, and the defendant occupied the land of this case.

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