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(영문) 청주지방법원 2017.04.27 2016가단107585
토지인도
Text

1. Defendant B’s appraisal of the attached Form 10, 11, 12, 13, 14, 15, and 10-10, among the land size of 403 square meters in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is the Plaintiff’s land of this case, which is 403 square meters (hereinafter referred to as “the instant land”).

(1) The Defendant is the owner of the instant land, and the Defendant is the owner of the instant land, and the Defendant is the Defendant’s building (hereinafter “Defendant’s building”).

(2) On the other hand, some roofs of the Defendant building are located on the ground of 10 square meters in the same order that connects each point of 10, 11, 12, 13, 14, 15, and 10 of the instant land beyond the boundary line.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence (including additional numbers), the result of this court's request for surveying and appraisal to the Cheongdong Vice-Governor of the Korea Land Information Corporation, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to remove the roof of the Defendant’s building located on the ground of 10 square meters in the part of the instant land connected with each point of 10, 11, 12, 13, 14, 15, and 10 square meters in sequence among the instant land, and deliver the said land to the Plaintiff, who exercises the right to claim for exclusion of interference based on ownership.

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

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