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(영문) 춘천지방법원 원주지원 2021.02.17 2020가단53998
토지인도
Text

1. Defendant C, in sequence, has each point of 10,9,8,7,11, and 10 of the annexed drawings among the land size of 1521 square meters in Seoul Special Metropolitan City E in order to the Plaintiff.

Reasons

1. Basic facts

A. A received inheritance from F on April 3, 1992 from 192, from 1851 square meters, from Haju-si G (hereinafter “G”) E prior to 1851 square meters, and completed the registration of the transfer of ownership on the above land around June 24, 1992.

B. Around January 16, 2018, E was divided into KRW 1521 square meters prior to E (hereinafter “instant land”) and KRW 330 square meters prior to H, around January 16, 2018.

(c)

A, after filing the instant lawsuit on May 17, 2020, died on or around May 17, 2020 (A hereinafter referred to as “A”), and there are both spouse B and A as inheritor, and in other words, B took over the instant legal proceedings. As regards I, the current legal proceedings were suspended.

(d)

Of the instant land, a fence built of concrete block is installed on the line that connects each point of 1,2, 3, 4, 5, 6, 7, 8, 9, 10, and 10 of the attached drawings among the instant land in sequence and connects each point of 1,2, 4, 5, 6, 7, 8, 9, 10, and 144 square meters in part on the ground. On the line that connects each point of 10,9,8, and 7 of the same drawings, a fence built of concrete block is installed. Among the instant land, the third part of 3rd part of 51 square meters in the ship connected each point of 10,9,8,7,11,000 square meters in sequence with the same drawings (hereinafter “the instant part on the site of the building”).

E. On October 10, 2011, the ownership of Defendant C’s name was changed due to donations around March 6, 201, following the change of ownership in Defendant C around October 10, 201 with respect to Defendant C’s 674 square meters and its ground-based single-story housing (hereinafter “instant housing”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 5, 6, 9 through 14, Eul evidence Nos. 2 and 5, Eul evidence Nos. 3 and the purport of the whole pleadings and arguments

2. As to the claim against the defendant in Korea

A. The gist of the parties’ assertion is that the Plaintiff occupied the instant road part owned by the Plaintiff without permission and provided as a road after cement packaging on the ground of the said land. Therefore, the said cement packaging is removed and the said part of the road is removed.

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