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(영문) 창원지방법원진주지원 2017.05.25 2016가단34768
토지인도
Text

1. The defendant has each point of 10, 15, 5, 14, 13, 12, 11, and 10 of the attached sheet among the land size of 727 square meters in Jinju-si, Jinju-si.

Reasons

1. Facts of recognition;

A. E owned D large-727 square meters (hereinafter “instant land”) in Jinju-si, Jinju-si (hereinafter “instant land”) and a building on the ground.

The Plaintiffs completed the registration of ownership transfer on May 4, 2015 due to sale on May 6, 2015 with respect to the instant land and its ground buildings.

B. The Defendant’s father He owned 155 square meters (hereinafter “G land”) prior to G in Jinju, Jinju, which is abutting on the instant land (hereinafter “H land”) and H large 238 square meters (hereinafter “H land”).

The defendant completed the registration of ownership transfer on July 7, 1987 on G land and H land due to the donation on June 30, 1987.

On April 22, 1992, the defendant completed registration of preservation of ownership on H land building.

C. The Defendant, among the instant land, installs a steel net in the part as stated in paragraph (1) of the main text of the instant land (hereinafter “the part occupied in this case”) and is occupying and using the part occupied in this case while planting and managing the cryp and night trees.

[Ground of recognition] Unsatisfy, Gap 1-4, 6 evidence (including a satisfy number; hereinafter the same shall apply), on-site inspection result, appraiser I's appraisal result, the purport of the whole pleadings

2. According to the facts of determination as to the cause of the claim, since the Defendant occupied and used the part of the instant land owned by the Plaintiffs, the Defendant is obligated to remove or remove the steel net and fry trees on the ground of the instant occupied part and deliver the occupied part, except in extenuating circumstances.

3. Judgment on the defendant's assertion

A. As to the defense of the acquisition by prescription against the Defendant’s father’s assertion, the Defendant’s father He occupied and used the occupied part of the instant land with the boundary of the tank trees fence. On June 30, 1987, the Defendant received a donation of G land, H land, and buildings on its ground from the net F, and completed the registration of ownership transfer, and used it in a peaceful and public manner by obtaining the right to possess and use the occupied part of the instant land by succession.

Defendant.

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