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(영문) 서울중앙지방법원 2016.05.04 2015가단140224
토지인도
Text

1. The defendant shall order each point of the attached Form 1, 7, 8, 9, and 1 among the real estate listed in the attached list to the plaintiff.

Reasons

1. According to the evidence evidence No. 1, the Plaintiff’s completion of the registration of ownership transfer on April 24, 2015 as to the real estate listed in the separate sheet (hereinafter “instant land”) on April 24, 2015, due to the inheritance by consultation and division on April 14, 1980.

2. Assertion and determination

A. The plaintiff asserts that the defendant occupies part 13 square meters of "b" (hereinafter "the part of this case") in the ship connecting each point of the separate sheet Nos. 1, 7, 8, 9, and 1 among the land of this case, as the defendant uses it as a parking lot, the plaintiff asserts that the delivery of this case is sought.

As to this, the defendant asserts that the part of the dispute of this case is used as a passage of the general public, but the defendant does not occupy and use it as a parking lot.

B. We examine whether the Defendant occupied and used the part of the instant dispute among the instant land as a parking lot.

Gap evidence Nos. 4-1, 2, and 1-1, 3-3 of evidence Nos. 3-1, 2, and 5 of evidence Nos. 3-1, 5 of this case, and the result of the on-site inspection by this court, appraiser D's results of survey and appraisal, and the whole purport of arguments, are as follows. In other words, the defendant uses part of the above E and F's land as the defendant's parking lot and each part of the above E and F's land of this case, which are used by the defendant as parking lot and each of the above E and F, are enclosed, and the boundary of each land cannot be determined externally. Among each of the above E and F, the part used by the defendant as parking lot and the dispute part of this case among the land of this case, which are higher than the remaining part of the land of this case except the part of this case among the above E and F, even if the defendant is installed as a small parking lot.

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