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(영문) 수원지방법원 평택지원 2018.05.02 2017가단56610
토지인도등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. At the time of division of land, the F is divided into one hundred and fifty-four square meters (hereinafter “instant land”) and one hundred and fifty-four square meters (hereinafter “instant land”) before G at the time of division of land.

B. The land before dividing the ownership of the land and the land in this case are registered as joint property owned by natural persons, other than the Plaintiff, such as Nonparty H, etc.

C. The Defendant occupied the instant land (1) is the owner of the land leased I 148 square meters and its ground building in Ansan-si, which is the neighboring land of the instant land.

(2) The Defendant occupies each of the above land by installing 13 square meters on the part (b) of the ship connecting each point of (i) the section of (i) the steel pipe tent warehouse, and 14 square meters on the ground, and the table of 5, 6, 7, 8, and 5 on the table of (ii) the surface of the instant land, which are linked in sequence to each point of (iii) 9, 10, 11, 12, and 9 square meters on the ground part (b) the surface of the instant land, and the table of 24 square meters on the ground location plate warehouse, and 9, 10, 11, 12, and 9 square meters on the same map, each point of (c) the part (d) of the ship connected each point of (c) the above map, in sequence of 13,14, 15, 16, and 13 on the ground.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9, 10, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the land before the division of this case is the land that the Plaintiff, a clan of its unique meaning, has title trusted to eight persons, including Nonparty J (hereinafter “Nonindicteds”).

Since the Defendants violated their ownership by occupying and using the instant land without permission, the Plaintiff sought against the Defendants the removal of the instant land and the delivery of the said land to the Nonparty by subrogationing the Nonparty’s right of exclusion of disturbance based on the Nonparty’s ownership.

3. The defendant's main defense and judgment on this issue

A. Contents of this safety defenses ① The plaintiffs are not eligible to file the lawsuit of this case.

The land prior to the subdivision including the instant land is originally K K 6 years of age.

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