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(영문) 창원지방법원 2017.10.19 2016가단109980
토지인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion that around May 2007, the Defendant constructed a ditch on the counter B of Changwon-si, Changwon-si, the Plaintiff’s ownership, B, 2066 square meters (hereinafter “instant land”) and attached list.

2. Since the aforementioned land is occupied without permission after installing the indicated facilities (hereinafter “instant facilities”), the instant facilities are removed and the relevant land is to be transferred.

B. The evidence submitted by the Plaintiff, including the result of the appraisal commission to appraiser C, is insufficient to acknowledge the fact that the Defendant installed the instant facilities on the instant land and occupied and used the said land. The Plaintiff’s claim is difficult to accept since there is no other evidence to acknowledge it.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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