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(영문) 수원지방법원 안산지원 2018.01.10 2017가단9688
토지인도 등
Text

1. The defendant's each point in the attached Form 1, 2, 3, and 1 among the land in Ansan-gu, Ansan-si C.

Reasons

1. In full view of the following facts, the following facts may be acknowledged, and there shall be no counter-proofs, in full view of Gap evidence 1-1, 2-2, Gap evidence 2-2, Gap evidence 2-4, and the purport of the whole pleadings as a result of a request for survey and appraisal of the Korea Land Information Corporation for the survey and appraisal:

The plaintiff owns 1,271 square meters prior to Ansan-gu, Ansan-si, and the defendant owns D land, which is a neighboring land.

B. However, the Defendant, while installing a vinyl on the ground above the D land owned by the Defendant, installed a vinyl house (hereinafter referred to as “the instant vinyl part”) on the ship, which connected each point of the attached Table 1, 2, 3, and 1, which is part of the Plaintiff’s land owned by the Plaintiff, in the order of the boundary of the said D land, to the 7mm2 (hereinafter “the instant portion of the land”), and occupied the instant part of the land.

2. According to the above facts, the Defendant is obligated to remove the part of the instant plastic house and deliver the part of the instant land to the Plaintiff, unless there is no title to possess the said part of the instant land.

As such, (However, in that sense, the part of the Plaintiff’s claim seeking the delivery of the instant land is 10 square meters and is without merit). The Plaintiff’s claim of this case is justified within the scope of recognition, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.

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