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(영문) 제주지방법원 2017.02.16 2016가단53922
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 522 square meters in Jeju-si, each point of Attached Form 1, 7, 8, 9, 10, 7.

Reasons

1. Basic facts

A. On May 13, 2016, the Plaintiff is the owner of the Plaintiff’s land that acquired the ownership of C & 522 square meters (hereinafter “Plaintiff’s land”). The Defendant is the owner of the Defendant’s land who acquired the ownership of D & 311 square meters (hereinafter “Defendant’s land”) on December 16, 1989.

B. The Defendant, among the Plaintiff’s land, installs a toilet building on the part of the line, which connects each point of 3 square meters of “C,” which is located in the part of “C,” which is located in the column of 7, 8, 9, 10, 7 of the annexed drawing No. 1, and each point of 1, 2, 2, 34, and 5 of the same drawing, respectively, and occupies a part of “B,” which connects each point of 1, 2, 3, 4, 5, 6, and 1 of the same drawing.

C. The remaining part of the Defendant’s land is adjacent to the asphalt package of two-lanes from each other, and the Plaintiff’s land is linked to the Defendant’s land on the northwest side of the Defendant’s land, with a pipe thereof between the above packing road and the above packing road.

Plaintiff

The land has a house and mama, and most of the land of the defendant is constructed, and the land of the plaintiff is less than 3 meters away from the packaging roads on the south of the defendant's land.

Of the Defendant’s land, the part on board, including the part on “B”, “C”, which connects each point of Annex 1, 2, 3, 4, 5, 6, and 1, the length of approximately 15 meters, including the part on the Defendant’s land, is set up a slope to the Plaintiff’s land up until the Plaintiff’s land. The Defendant currently uses that part as cement packaging and parking lot, and the Plaintiff has access to the Plaintiff’s land using the said cement packaging part (hereinafter “the aforementioned cement packing part”).

Plaintiff

There is no passage other than the above packing part from land to the contribution.

[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1 through 5 (including each number), the verification by this court, the result of appraisal, the purport of whole pleadings

2. Determination

(a) removal of buildings and transfer of land;

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