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(영문) 부산지방법원동부지원 2019.06.12 2018가단2419
토지인도 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The Plaintiffs’ Schedule

1. Co-owners of the indicated land (hereinafter “Plaintiffs’ land”) are co-owners.

B. Attached list adjacent to the plaintiffs' land

2. The land indicated (hereinafter referred to as “Defendant’s land”) and the list of the attached Form above ground;

3. The owner of the indicated housing (hereinafter “Defendant’s housing”) is the owner.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. The Defendant’s assertion that the Plaintiffs’ Defendant Housing built up approximately 6m2 (Ga) size in the ship (Ga) connected each point in sequence with each point of the Plaintiffs’ land, which interfered with the Plaintiffs’ exercise of ownership. As such, the Defendant is obliged to remove the Defendant’s housing portion on the ground of the instant dispute and deliver the instant dispute to the Plaintiffs.

B. In full view of the aforementioned evidence, Gap evidence, Eul evidence evidence Nos. 8, 9, and Eul evidence No. 1’s video and arguments, the defendant appears to have completed all measures to remove the plaintiff’s defense during the course of the lawsuit in this case. The evidence alone submitted by the plaintiffs alone is insufficient to recognize the circumstance that the defendant’s housing violated the part concerning the dispute in this case or the land of the plaintiffs as of the date of the closing of argument in this case, and there is no other evidence to acknowledge this otherwise.

(Plaintiffs filed an application for surveying and appraisal as of May 15, 2018, and this Court accepted the above appraisal application on May 21, 2018. However, the Plaintiffs did not take any measures to proceed with the procedure even before the closing date of the instant argument without requesting the suspension of the procedure thereafter. The Plaintiffs, following the preparatory document dated December 5, 2018, borne by the Defendant for compensation for damages caused by land erosion and by the design and construction alteration of the Plaintiffs.

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