(영문) 제주지방법원 2015.06.12 2014가단207

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(영문) 제주지방법원 2015.06.12 2014가단207

토지인도 등

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1. The Defendant each of 9,10,11,12,13,14, 15, 25, 24, and 9, among the land size of 416 square meters in Jeju-si, Jeju-si.

Reasons

1. Basic facts

A. On October 12, 2011, the Plaintiff purchased the CJ 416 square meters (hereinafter “Plaintiff’s land”) from Jeju-si, Jeju-si, and is the owner of the instant land, the ownership transfer registration of which was completed under the Plaintiff’s name on October 13, 201.

B. On October 11, 200, the Defendant was donated by the husband E, who is the husband of the instant land, the Flux 112 square meters (hereinafter “Defendant’s land”) attached to the same side of the instant land, and the Defendant’s land owner who completed the registration of ownership transfer under the name of the Defendant on October 12, 200.

C. Among the Plaintiff’s land, a block structure is each built on the part of the line connected in order to each point of 9, 10, 11, 12, 13, 14, and 15 of the annexed drawings, and a block structure is each built on the part of “C” connected in order to each point of 24, 25, 26, and 24 of the annexed drawings. The Defendant owns each of them.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1, 3, and 4, the result of the verification by this court, the result of the entrustment of appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to remove, among the Plaintiff’s land, a stone fence in the part of “B” (hereinafter “instant land”) which connects each point of 9, 10, 11, 12, 13, 14, 15, 25, 24, 24, and 9, in sequence, among the Plaintiff’s land, and the part of “B” (hereinafter “instant land”) which connects each point of 24, 25, 26, and 24, in turn, of the indication of the relevant drawings, and to deliver the said part of “B” land to the Plaintiff.

B. As to the Defendant’s assertion 1), the Defendant occupied the instant land from 1940 to 1940, and the Defendant acquired it by E, who is the husband of the Defendant, but thereafter acquired it from E and possessed it. The Defendant asserted to the effect that the acquisition by prescription was completed with respect to the instant land. 2) G, the Defendant’s mother money, from 1940 to 1940, did not have any evidence to acknowledge that it occupied the instant land.

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