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(영문) 대구지방법원 2016.11.03 2016나302791
토지인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of a share of 260/330 out of the Daegu-gun, Daegu-gun Doz. 854 square meters (hereinafter “instant land”).

B. On February 28, 2014, the Plaintiff filed a lawsuit against the heir, such as the J, etc., who jointly inherited 70/330 shares of the remaining 70/330 shares of the instant land by the Seo-gu District Court Branch Branch 2014Ga6286, seeking the implementation of the procedure for the registration of ownership transfer due to the termination of title trust, and received a judgment in favor of the Plaintiff on September 18, 2014 from the above court.

The above judgment was finalized on November 5, 2014.

C. The Defendant is the owner of D-2,358 square meters of land for factory in Daegu-gun, Daegu-gun, adjacent to the instant land (hereinafter “instant land”) and E-6 square meters of land for factory (hereinafter “instant E”).

From May 20, 201 to October 10, 2015, the Defendant occupied and used part 14 square meters and part 71 square meters in the separate sheet No. 3 among the instant land by packaging as asphalt. From May 20, 2011 to May 20, the Defendant occupied and used part 1, 2, 3, 4, 5, and 1 square meters in the separate sheet No. 1 among the instant land, and constructed and used a prefabricated panel building on the ground.

E. The instant land is the blind land surrounded by the instant land and the G land in Daegu-gun, as indicated in the attached Form 2, and the rent for the instant land from January 1, 201 to December 31, 2013 is KRW 10,350 per annum.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 9 (including each number; hereinafter the same shall apply), Eul evidence Nos. 5, Eul evidence and images, the result of the on-site inspection by the court of the first instance, the result of the commission of each survey and appraisal by the court of the first instance to the President of the Daegu North Regional Headquarters of the Korea Cadastral Corporation, the Director of the Korea Land Information Corporation, and the Director of the Korea Land Information Corporation, and the result of the commission of the appraisal by the court of the first instance to the Director of the Daegu Branch of the Korea Land Corporation.

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