(영문) 수원지방법원성남지원 2020.09.23 2020가단206631

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Reasons

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(영문) 수원지방법원성남지원 2020.09.23 2020가단206631

토지인도

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Of the 660m2 in Do-si Do-si Do-ri, the Defendant each point of the attached drawings No. 1, 5, 6, 4, and 1 are attached to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is the Plaintiff’s land owned by the Plaintiff in the Gyeonggi-do Special Metropolitan City D Forest land 660 square meters (hereinafter “instant land”).

The Defendant is the owner of the adjacent land, and the Defendant is the owner of the land owned by the Defendant, 660 square meters of forest E in Gwangju-si, Gyeonggi-do (hereinafter “instant land”).

(2) The current status of the Plaintiff’s land and the instant land owned by the Defendant differs from the cadastral boundary, and the Defendant knows that the instant land owned by the Plaintiff is owned by the Defendant with a part of 5,6,4, and 57 square meters in part (b) of the instant land (hereinafter “the instant part”) connected with each point of the attached Form 1,5, 6, 4, and 1, which is the Plaintiff’s land, and owns the instant part of the instant land by installing a ground structure and installation on the ground part of the instant part.

[Ground of recognition] The written evidence Nos. 1, 2, and 4, the result of the cadastral survey appraisal of the Korea Land Information Corporation, the purport of the entire pleadings

B. According to the above facts of recognition, the defendant is obligated to remove the structures and equipment installed on the ground of the part of the land of this case and deliver the part of the land of this case to the plaintiff.

2. The Defendant’s argument regarding the Defendant’s assertion argues that since the survey datum point was changed prior to the instant cadastral survey, the survey datum point should be measured based on the previous survey datum point, but the survey datum point was changed as alleged by the Defendant.

Since there is no evidence to acknowledge that the result of the instant cadastral survey appraisal was erroneous, the Defendant’s assertion is without merit.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

유사 판례

-수원지방법원성남지원 2019.01.23 2018가단219016

-인천지방법원 2018.01.25 2017구합51819

-대전지방법원 2015.04.02 2014노1292

-대전지방법원 서산지원 2014.04.25 2013고정278

-수원지방법원성남지원 2013.12.13 2013가합7420