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(영문) 광주지방법원목포지원 2019.08.21 2018가단54973
토지인도
Text

1. The defendant against the plaintiff A,

(a) Of the real estate listed in the attached Form, the indication of the attached Form No. 8, 9, 10, 25, 24, 23, 22, 21, and 8 shall apply.

Reasons

1. Determination as to the cause of claim

A. (1) On February 16, 2009, Plaintiff B completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). Plaintiff A completed the registration of ownership transfer with respect to the instant real estate on May 3, 2018.

(2) On July 16, 2008, the Defendant completed the registration of ownership transfer with respect to the land adjacent to the instant real estate, Youngnam-gun, Youngnam-gun.

(3) The Defendant, as the owner of the above neighboring land, uses the portion of 45 square meters in the ship (hereinafter “the part of the case”) indicated in the attached Form No. 8,9, 10, 25, 24, 23, 22, 21, and 8 among the real estate in this case, which was connected in sequence with each of the items of (B) and 45 square meters (hereinafter “the part of the case”) among the real estate in this case, as a road, and as a chemical unit, the part of 8 square meters in the part (c) indicated in the attached Form No. 4,21, 8, 7, 6, 5, and 4 which are connected in sequence to each of the items of (c) in the ship (hereinafter “the part of this case”) indicated in the attached Form No. 8 of this case, and installs and occupies the septic tank in the part “

(4) The rent from February 16, 2009 to May 2, 2018, among the instant real estate, is KRW 251,100; the rent from May 3, 2018 to May 13, 2019 is KRW 36,300; and the monthly rent as of May 13, 2019 is KRW 3,500.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 to Gap evidence 6, the result of this court's request for surveying and appraisal of the Korea Land Information Corporation's Young branch office, the result of commission of rupture appraisal to E Honam branch office, the purport of the whole pleadings

B. According to the above facts of recognition, the part of this case (B) is a road, and the part of this case (c) is occupied and used as a flower, and the defendant who has installed and occupied a septic tank shall remove each of the above parts to the plaintiff A, who is the owner of the real estate of this case, and deliver each of the above parts, and is equivalent to the rent of the part (b) of this case and the part (c) of this case.

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