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(영문) 창원지방법원마산지원 2016.11.24 2016가단1444
토지인도 등
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 14, 13, and 1 among the land size of 192 square meters in the Haan-gun, Haan-gun, Chungcheongnam-gun, the Plaintiff.

Reasons

1. The Plaintiff is an owner who completed the registration of ownership transfer under the receipt No. 347 of January 8, 2016, by selling a 192 square meters of a cemetery C in Changwon-gun, Changwon District Court D Real Estate Auction (hereinafter “instant land”).

On the ground of the instant land, unregistered buildings owned by the Defendant (hereinafter “instant building”) exist. The specific status of appraisal is the same as the attached Form No. 1 (a) through (c) of the remedy for damages, and the Defendant thereby occupies the part of item (a) of the instant land.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, and the court's request for appraisal and for supplementation of evidence, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to remove the part (a) of the instant building owned by the defendant and deliver the site to the plaintiff seeking the exclusion of interference based on ownership.

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

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