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(영문) 부산지방법원 2017.11.16 2016가단354684
토지인도
Text

1. The Defendant (Appointed Party) and the designated parties shall also indicate the Plaintiff the attached Form 2 appraisal of the area of 1,944 square meters in Suwon-gu, Busan.

Reasons

1. Determination as to the cause of claim

A. The facts under the recognition do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence 1-1, Gap evidence 2-2-13, Gap evidence 2-2-15-3, and Eul evidence 2-15-33, the results of this court's request for the measurement and appraisal to the Vice-Governor of the Korea Land Information Corporation and Busan Metropolitan City.

1) The Plaintiff is referred to as “instant improvement project” in the area A’s Housing Redevelopment Improvement Project (hereinafter referred to as “instant improvement project”) in the area B in Suwon-gu, Busan

On October 21, 2015, an association established to implement the pertinent land is called the “instant land” on October 21, 2015, the area of which is 1,944 square meters (hereinafter referred to as “the area”).

A) The registration of ownership transfer has been completed with respect to the instant land. (2) The Defendant (Appointed Parties) and the designated parties (hereinafter collectively referred to as the “Defendants”) are each co-owner of G, which is an aggregate building of the first underground floor and the fifth floor size above the ground level located in Suwon-gu Busan (hereinafter referred to as the “instant apartment”) adjacent to the instant land.

3) The Defendants are 20 m20 m2 inboard (A) portion connected in order to each point of 30,31, 32, 33, 34, 29, and 30 of the instant land, among the instant land.

After the fence was installed by breaking up the wall, the apartment building of this case is occupied and used as the fireproof body and parking lot of this case.

B. According to the above facts, the Defendants are obligated to remove all obstacles, such as fences, etc., within the part of the instant land, to the Plaintiff, the owner of the instant land, and deliver the part of the instant land to the Plaintiff.

2. Judgment on the defendants' assertion

A. The Defendants asserted that they occupy the apartment of this case since about 40 years ago. Under the ground of the land of this case, septic tanks are installed and used as essential facilities for residents of the apartment of this case.

Since the area of the instant land is limited to 20 square meters, and the Plaintiff is expected to use the instant land as a road, the benefits that the Plaintiff gains from the instant claim is very small.

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