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(영문) 의정부지방법원 2017.08.17 2016나11470
건물명도 및 토지인도
Text

1. Upon a claim for a change in exchange at the trial, the defendant is among the real estate listed in the attached Table 1 list to the plaintiff.

Reasons

1. Determination: (a) the real estate listed in the separate sheet No. 1 (hereinafter “instant land”) is the Plaintiff’s ownership; (b) the attached sheet No. 4 (see, e.g., the cadastral status survey on the preparation of the president of the annual site site of the Korea Land Information Corporation, Apr. 11, 2016) among the instant land; and (c) the real estate listed in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 connected each point in sequence with each point of subparagraph (a) above part 9, 10, 11, 12, and 9 of the same drawings; (d) the ship connected each point of subparagraph 9, 10, 11, 12, and 60 square meters of the same drawings to the Plaintiff; and (e) the Defendant does not have a legal obligation to transfer each of the instant land to the Plaintiff, each of the instant building owner, and thus, the Defendant does not have any de facto dispute between each of the instant land.

As to this, the defendant has a defense to the effect that statutory superficies exists under customary law for the building of this case, but there is no evidence to acknowledge this, and the defendant's defense is without merit.

2. In conclusion, the plaintiff's claim of this case, which was changed in exchange in the court room, is justified and accepted.

(The judgment of the court of first instance was invalidated due to the exchange change of lawsuits in the trial).

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