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(영문) 대구지방법원 2014.10.24 2013가단817703
토지인도
Text

1. The defendant shall be the plaintiff.

A. (i) Of the 548 square meters in Gyeong-gun, Sung-gun, Sung-gun, Chungcheongnam-gun, Gyeong-gun, the attached Table No. 21 to 26, 6, 5, 21 are each indicated.

Reasons

1. Determination on request for removal, removal, and delivery

A. As the Plaintiff and F’s respective shares of one-fourth of the Plaintiff and F were incorporated into the site of “Seong Ho-gun E, Sung-gun, Seongbuk-gun, and the Korea Rural Community Corporation,” on June 22, 2012, the Plaintiff, F, and the Korea Rural Community Corporation entered into a contract to exchange the said shares owned by the Plaintiff, F, and the Korea Rural Community Corporation, and the said shares owned by the Plaintiff, F, and 565 square meters (hereinafter “land before division”) owned by the Korea Rural Community Corporation.

Accordingly, on July 5, 2012, the Plaintiff and F have completed the registration of ownership transfer with respect to 1/2 shares of each land before subdivision.

After that, on September 3, 2012, the Plaintiff purchased F’s 1/2 shares of land before subdivision and completed the registration of ownership transfer on September 7, 2012.

B. On the other hand, on May 28, 2013, the land prior to the subdivision was divided into “548 square meters prior to Gyeong-gun, Seongbuk-gun, Seongbuk-do” (hereinafter “instant one”) and “17 square meters prior to D” (hereinafter “instant two land”).

(2) The Plaintiff’s land and the Plaintiff’s land collectively constituted “instant land” (hereinafter referred to as “instant land”). Referencely, the Defendant owned “G land” (hereinafter referred to as “G land”), “18.95 square meters for a clan branch of the ground floor,” and “Yatop,” etc. located adjacent to the instant land. As indicated in paragraph (1) of this Article, the Defendant owned a stone shed and a building on the ground of the instant land owned by the Plaintiff, or occupied a part of the instant land by planting trees.

[Ground of recognition] Facts without dispute, each entry of Gap 1 through 6 evidence (including paper numbers), images, the result of a request for surveying appraisal (Supplement), the purport of the whole pleadings

B. (1) According to the above facts, barring any special circumstance, the defendant is obligated to remove tinstones and buildings installed on the ground of the instant land from the Plaintiff and collect trees and deliver the occupied part to the Plaintiff, as described in paragraph (1) of this Article.

Sheet Defendant, the former owner of G’s land, before 20 years.

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