logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2016.10.19 2016가단4351
토지인도등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on January 28, 1974 with respect to the land of 957 square meters (hereinafter “instant land”).

B. A stable (hereinafter “instant axis”) is established according to the right edge of the instant land.

[Reasons for Recognition] Uncontentious Facts, Gap's entries, Gap's 1, 2, 3, and 5, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff asserts to the effect that the Defendant, around April 2008, installed a stable on the ground of 75 square meters as indicated in the purport of the claim of the instant land, and uses the said land without permission. Thus, the Plaintiff is obligated to remove the said embankment, deliver the said land, and return unjust enrichment from May 1, 2008.

Around March 2007, the Defendant asserted to the effect that, upon permitting the use of the instant land to be laid underground as access roads and sewage pipes to the head of Mt. Mt. Mt. Mt., Mt. Sinpo Office established the instant embankment, and that it does not install the instant embankment or use it for profit.

B. Therefore, in light of the entry of evidence Nos. 3 through 5, it is insufficient to recognize that the Defendant has made use of and benefit from the part of claim Nos. 75 square meters among the land of this case by establishing the instant stable, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit without need to further examine.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

arrow