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1.The judgment of the first instance shall be modified as follows:
Defendant B shall be attached to the Plaintiff, and attached Form 2080 square meters among the 1st Jin-si D in Jin-si.
Reasons
1. In the first instance trial, the Plaintiff sought, with respect to the Defendants, the removal of the greenhouse on the ground and the section (1) of the ground warehouse, the removal of the sloping and sloping of the grave on the ground (c) section (c), the removal of the sloping and sloping of the grave on the ground (c) section, the delivery of the land and the part (c) section (d) and the payment of damages. The court of first instance dismissed the portion of the claim for removal of the sloping and sloping, and accepted the remainder of the claim.
As the Defendants appealed against this, the subject of the judgment of this Court is limited to the (i) greenhouses on the ground and (ii) the request for removal of above-ground warehouses, (i) land and (iv) parts, requests for delivery, and claims for damages.
2. Basic facts
가. 제1토지는 피고 B 소유로 등기되어 있다가 2009. 4. 17. 피고 B의 처인 피고 C 앞으로 2009. 4. 16. 증여를 원인으로 하는 소유권이전등기가 마쳐진 후, 2013. 1. 25. 원고 명의로 2013. 1. 14. 임의경매로 인한 매각을 원인으로 하는 소유권이전등기가 마쳐�다.
나. 제2토지는 피고 B 소유로 등기되어 있다가, 2013. 1. 25. 원고 명의로 2013. 1. 14. 임의경매로 인한 매각을 원인으로 하는 소유권이전등기가 마쳐�다.
C. Prior to January 25, 2013, Defendant B installed a vinyl house (hereinafter “a vinyl house”) on the ground in the part of (i) the land in (ii) and a warehouse (hereinafter “warehouse”) on the ground in (ii) the part of (iii) the land in (iv) and occupied the land in (iii).
Defendant B, before January 25, 2013, installed one grave and one seat on the ground of the part of (c) part of (c) the second land, and occupied (c) parts of (d) and (d) parts of (c) the adjacent land.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5 (including virtual numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 4, the result of the measurement and appraisal conducted by the branch office of the Daejeon District Headquarters of the Daejeon District Headquarters, the purport of the whole pleadings
3. Determination as to the cause of the Plaintiff’s claim