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(영문) 창원지방법원거창지원 2014.05.13 2013가단2141
토지인도
Text

1. The defendant,

(a) deliver to the Plaintiff A, B, and C a 631m2 in Gyeongnam-gun Fam2;

B. Plaintiff D Village Association

Reasons

1. Basic facts

A. The Plaintiff A, B, and C are the holders of the share of the F 631 square meters (hereinafter “instant land”). The Plaintiff D Village Association is the holders of the ownership of the 665 square meters (hereinafter “instant land”). The Plaintiff D Village Association is the 665 square meters (hereinafter “instant land”).

B. The Defendant owned a 10,980 square meters of H paddy-gun, Gyeongnam-gun, Gyeongnam-gun, located near the instant land, and operates a original breeding house on the ground.

C. In order to enter his original breeding ground, the Plaintiff uses part (b) of 165 square meters (hereinafter “part (b) out of the land No. 2 of this case”) connected in order to each point of the attached Form No. 4, 5, 6, 7, 8, 9, 10, 11, 12, and 4 among the land No. 1 and the land No. 2 of this case as a road.

[Ground of recognition] The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including branches number in the case of No. 1), the result of on-site verification by this court, the result of appraiser I's survey and appraisal, the purport of the whole pleadings

2. According to the above facts, the defendant is found to have violated the plaintiffs' land ownership while using the part of the land No. 1 and the land No. 2 owned by the plaintiff A, B, and C as the road. Thus, the defendant is obligated to deliver the land No. 1 to the plaintiff A, B, and C, and the plaintiff D Village Association is obligated to deliver the part of the land No. 2 among the land No. 2.

The defendant's defense to the effect that "the defendant has the right to pass through the part of (b) of the land No. 1 and the land No. 2 above," but there is no evidence to acknowledge it, and the defendant's defense is not accepted.

3. According to the conclusion, the plaintiffs' claims are justified, and it is so decided as per Disposition.

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