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(영문) 서울고등법원 2015.10.29 2015나2016031
토지인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

Based on the facts, the Plaintiff owned two buildings on five lots, such as Seodaemun-gu Seoul Metropolitan Government B 78.2 square meters and C 2,217.8 square meters (hereinafter “B”) owned by it, and carried out social welfare business to care for unmarried mothers and their children under the name of “F,” and the Defendant, as the owner of E-gi 337 square meters (hereinafter “E land”), owns a multi-household house (hereinafter “instant house”) on the ground of five stories on October 2008.

The Defendant, around October 208, around the time of the construction of the above house, installed a temporary building (referring to a joint wall on the roof of the schill aggregate; hereinafter referred to as the “instant temporary building”) on the ground of 12.4 square meters of land, which was connected in order to each point of 15, 16, 17, 18, and 15 of the same drawings among the land owned by the Plaintiff and the land E and the land owned by the Defendant and the land of 10.1 square meters of D (hereinafter referred to as “D”) from October 208, 208, and used it as soon as possible or for piling up several goods. Accordingly, the Plaintiff did not use the portion (a) that was connected in order to each point of 15,16, 31, 32, 33, 34, and 15 of the same drawings among the land B, and 10.8 square meters of the above temporary building and 13,332,34, and 14.

[A] The above part (a) and (b) is "the part in possession of this case"] without dispute. 【The grounds for recognition' are stated in Gap evidence Nos. 1 through 6 (including each number), the result of the first instance examination, the result of the appraisal by the appraiser G in the first instance, the result of the fact inquiry by the appraiser G in the first instance, and the fact-finding with respect to the head of Seodaemun-gu in the first instance, as a result of the fact-finding, the defendant constructed the temporary building in this case on the land B owned by the plaintiff and occupied the occupied part of this case. Thus, the defendant's possession of the temporary building in this case is in order of each part of the temporary building in this case to the plaintiff.

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