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(영문) 창원지방법원밀양지원 2019.06.11 2018가단10304 (1)
토지인도
Text

1. Defendant C:

(a) Of the size of 74m2 attached Form 18, 19, 20, 21, 22, 23, 24, 11, 10, 9, 8, the attached Form 18, 19, 200m2.

Reasons

1. Basic facts

A. On April 20, 2015, the Plaintiff completed the registration of ownership transfer made on April 17, 2015 with respect to D large scale 744 square meters, Seoyang-si, Mayang-si on April 2015.

B. On November 1, 2000, Defendant B completed the registration of transfer of ownership on October 31, 200 with respect to the E large 512 square meters adjacent to the Plaintiff’s land, and the housing and warehouse of one story above the ground.

C. At present, the existing houses and warehouses on the ground of the E are destroyed or lost, and around April 2017, a chimney (hereinafter “the instant chimney”) is installed in the part 17 square meters (hereinafter “instant land”) and the residential housing and a stable (hereinafter “instant building”) connected in order to each point of the aforementioned E and the Plaintiff’s land indicated in the annexed drawing Nos. 18, 19, 20, 21, 22, 23, 24, 11, 10, 9, 8, and 17 square meters (hereinafter “instant land”), among the land owned by the said E and the Plaintiff’s land.

The building of this case is unregistered as an unauthorized building, and currently Defendant C, the shape of Defendant B, is currently residing in the above building.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence 1 through 6 (including each number; hereinafter the same shall apply)

2. The parties' assertion

A. The Plaintiff’s alleged Defendants removed existing houses and warehouses on the ground, constructed the instant building on the ground, and occupied and used the instant dispute land, which is owned by the Plaintiff without any title. As such, the Defendants jointly and severally removed the instant building and chimneys to the Plaintiff, and transferred the instant dispute land to the Plaintiff, and as a result of the removal of the instant building, the costs incurred by the Plaintiff in constructing a new fence amounting to KRW 5,300,000 to KRW 11,400 per month due to the possession of the instant dispute land and KRW 11,90 per month due to the possession of the instant dispute land.

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