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(영문) 청주지방법원영동지원 2015.11.27 2015가단907
토지인도 등
Text

1. The Defendant, among the land size of 515 square meters in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, shall set the pipe on the ground in the attached Form.

Reasons

1. Facts of recognition;

A. 1) D is the Plaintiff’s father’s wife and the Defendant’s wife. In other words, the Defendant is the Plaintiff’s deceptive act. 2) E is the children of the Defendant and D, and F is the Defendant.

B. The Plaintiff’s registration of transfer of land ownership in the name of the Plaintiff is 1) 515 square meters per annum (hereinafter “instant land”).

On January 11, 1978, G and H, the transfer registration of ownership of 1/2 shares was completed in the future. The transfer registration of ownership was completed in the G with respect to the above 1/2 shares of H on July 7, 1992. 2) Thereafter, on April 24, 2002, “the seller G, the purchaser, the Plaintiff, and the purchase price of 2.90,000 won” was completed on May 4, 2002 in accordance with the sales contract as of the instant land.

C. The Defendant occupied the instant land, among the instant land, installed approximately 66 square meters in a plastic pipe of the ground pipe, and approximately 13 square meters in a plastic pipe of the ground part, which indicated the attached drawing, and approximately 20 square meters in a plastic pipe of the ground pipe of the instant land caused by the same drawing indication (hereinafter collectively referred to as “instant plastic pipe”). D. The Defendant occupied the instant land by installing a plastic pipe of the ground pipe of the part caused by the same drawing indication.

The Plaintiff, including the Plaintiff’s certificate of registration right, had a certificate of registration right to the land of this case from the time of completing the registration of ownership transfer to the present time, and has paid taxes on the land of this case.

E. On April 1, 2015, the Plaintiff: (a) sent to the Defendant a written notification stating that “The Plaintiff leased the instant land without compensation to the Defendant on April 24, 2002; (b) the period of 13 years elapsed; and (c) the Plaintiff terminated the lease agreement due to the Plaintiff’s need to use the instant land; (d) the Plaintiff’s removal of the instant vinyl and delivery of the instant land.”

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. Determination:

(a) Determination on the cause of the claim;

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