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(영문) 대전지방법원 2018.08.24 2017가단20019
토지인도
Text

1. The defendant shall display an appraisal map in attached Form 1, 2, 3, 4, 5, and 1 among the 16,701㎡ of Sejong Special Self-Governing City C.

Reasons

1. In full view of the Plaintiff’s cause of the claim, comprehensively taking account of the entries in Gap’s evidence Nos. 1 and 3 and the results of the commission of surveying and appraisal with respect to the Korea Land Information Corporation in this court, Sejong Special Self-Governing City C, 16,701 square meters of land (hereinafter “instant land”) is the land in which the Plaintiff and D, share 1/2 shares, and each of the following points are indicated in the separate sheet No. 1, 2, 3, 4, 5, and 1 among the above land, the Defendant owned a house on the 38 square meters of land inside the ship and occupied the said

According to the above facts, the defendant is obligated to remove the above house and deliver the above land to the plaintiff, unless he proves the source of possession right.

2. As to the Defendant’s assertion, the Defendant asserted to the effect that the Plaintiff’s claim is unreasonable, since it agreed to purchase the part of the instant land possessed by the Plaintiff.

In full view of the evidence No. 1 and evidence No. 4 as well as the purport of the entire pleadings, it is acknowledged that the Plaintiff and the Defendant have agreed to survey the status quo of the part of the instant land possessed by the Defendant over the boundary, and trade at KRW 1,50,000 per square year. However, as long as the said housing owned by the Defendant from an administrative agency was not corrected due to an illegal building relationship, it is confirmed that the said transaction agreement was rejected, and that the said transaction agreement was reversed.

Therefore, since the above trade agreement which became null and void cannot oppose the plaintiff's claim of this case, the defendant's above assertion is groundless.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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