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(영문) 의정부지방법원 2017.11.23 2017가단6740
토지인도 등
Text

1. The defendant shall be the plaintiff.

A. Of 294 square meters in Macheon-si, C, each point of which is indicated in the attached Form 1, 2, 3, 4, 5, 6, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff’s acquisition of land ownership 1) On September 23, 2015, the Plaintiff is entitled to the Plaintiff’s land No. 1,593 square meters (hereinafter “instant land”).

(2) On June 29, 2016, the Plaintiff acquired 482/635 shares among the 482/635 shares, and acquired 153/635 shares in the remainder of the instant land No. 1 on June 29, 2016. (2) On February 11, 2016, the Plaintiff acquired 482/635 shares among C, 294 square meters (hereinafter “the instant land No. 2”) and E, 145 square meters (hereinafter “the instant land No. 3”), and acquired 153/635 shares in the instant land No. 2 and 3 on June 29, 2016.

B. The Defendant’s construction of the Defendant’s building and the land possession of the instant land are as follows: (a) a vinyl house on the ground of “B” part on the land of 67 square meters connected with each point of the attached Form Nos. 7, 8, 9, 10, 11, and 7 among the land in the instant case; and (b) a vinyl house on the land of 53 square meters connected each point of the attached Form Nos. 1, 2, 3, 4, 5, 6, and 1 among the land in the instant case, each of the above parts on the ground of “A” and each of the above parts on the land (hereinafter “each of the instant parts on possession”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 2-2, Eul evidence 1-1, the result of this court's request for surveying and appraisal for the branch offices of the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant, without authority, has a duty to construct a building and a vinyl on each of the land of this case and occupy it, and thus, the Defendant is obligated to remove 53 square meters of the above land of this case among the land of this case No. 2 and the above land of this case No. 1 and 3, 67 square meters of the above land of this case on the ground of the above "B" and deliver each of the possessed parts

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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