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(영문) 춘천지방법원원주지원 2016.09.07 2014가단36527
토지인도
Text

1. The Defendant indicated in the attached Form No. 9, 10, 11, 12, 13, 14, 20, among the 1,923 square meters of the D Religious Site in Gangwon-do.

Reasons

1. Basic facts

A. The Plaintiff is an owner who completed the registration of ownership transfer with respect to the D Religious Site 1,923 square meters and the E preceding 572 square meters (hereinafter “each of the instant lands”) in Gangwon-do.

B. From among the 1,923 square meters in the attached Form 9, 10, 11, 12, 13, 14, 20, 21, 22, 23, 39, 38, and 9, the Defendant has connected each point of (b) part of the ship with 142 square meters above ground, 17, 18, 19, 20, 14, 15, 16, and 17, in sequence, among the 1,923 square meters in the attached Form of the D Religious Site in Gangwon-do, Gangwon-do, the Defendant has connected each point of (3), 33, 34, 35, 36, 28, 29, 30, 21, 23, 39, 39, 38, 38, 39, 38, 244, 25, 265, 265, 326, 33333.

C. On March 10, 1970, the registration of ownership transfer was completed on February 1, 2002 after the registration of ownership transfer was completed in the non-party F on each of the buildings of this case.

[Ground of Recognition] Unsatisfy, entry of Gap evidence 1 through 5 (including each number), the result of the on-site inspection by this court, the result of the appraiser G's survey and appraisal, the purport of the whole pleadings

2. According to the facts of recognition as to the plaintiff's claim, the defendant, the owner of each of the buildings of this case, is obligated to remove each of the buildings of this case and deliver each of the lands of this case to the plaintiff, who seeks the removal of disturbance, unless he has a legitimate authority to occupy and use the land of the building of this case.

3. Judgment on the defendant's defense

A. The Defendant asserted the legal superficies claim under customary law first, and all of the land and buildings of this case were owned by the Plaintiff, and only the Plaintiff entrusted only the ownership of the building, etc. to H, to the Plaintiff.

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