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(영문) 수원지방법원 평택지원 2018.11.13 2018가단52837
토지인도
Text

1. The plaintiff

A. Defendant B, C, and D jointly indicate the results of the cadastral status survey in attached Form 749 square meters of Pyeongtaek-si H forest land.

Reasons

1. Defendant B, C, and D, the Plaintiff’s assertion, occupied a concrete road on the ground of 69.4m2 square meters on the part of the attached Form No. 1, 2, 3, 4, and 1, which successively connected each point among the 749m2 of Pyeongtaek-si H forests owned by the Plaintiff, and thus, sought the return of unjust enrichment due to the removal of the said road and delivery of the said land, and the occupancy and use of the said land.

Defendant E, without title, uses a concrete road on the ground of 69.4 square meters in part on the ship (A) that connects each point of the attached Form 1, 2, 3, 4, and 1 among the land of Pyeongtaek-si H 749 square meters owned by the Plaintiff, without title, and thus, sought the prohibition of passage of the above land.

From December 9, 2010 to April 17, 2018, Defendant F and G used a concrete road of 69.4 square meters on board, which is located in the line with each of the items indicated in the attached Form 1, 2, 3, 4, and 1 among the land of Pyeongtaek-si H 749 square meters owned by the Plaintiff, and thus seek the return of unjust enrichment from the possession and use of the above road during the above period.

2. Facts of recognition;

A. Defendant F and G completed the registration of ownership preservation on December 9, 2010 with respect to the building on Pyeongtaek-si Il (hereinafter “Il”) J, and K ground, and on March 21, 2017, the J-based building transferred its ownership to Defendant C, and the K-based building transferred its ownership to Defendant B on April 17, 2017, and transferred its ownership on March 29, 2017.

B. Of the land size of Pyeongtaek-si H 749 square meters owned by the Plaintiff, the attached appraisal of the attached Form 13, 12, 10, 9, 8, and 13 are 28 square meters in a part of 28 square meters in the ship (hereinafter “instant part of land”) connected in sequence with each point of 13, 12, 10, 9, 8, and 13.

C. Defendant F, G, C, B, and D occupied and used the instant part of the land as access roads while they owned the said Igian buildings.

Defendant E has passed through the instant part of land to enter the ground buildings owned by Defendant E.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3 in each evidence Nos. 1, entrustment of appraisal to appraiser N, pleading.

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