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(영문) 대전지방법원홍성지원 2017.11.01 2017가단1790
토지인도
Text

1. The Defendant shall, in sequence, in the order of the Plaintiff, each point of the attached Table 1 to 6, and 1 among the land size of 3,521 square meters prior to Bocheon-si Co., Ltd.

Reasons

1. Facts of recognition;

A. On January 19, 199, the Plaintiff completed the registration of ownership transfer with respect to three thousand five hundred and twenty-one square meters (hereinafter “instant land”).

B. Around May 207, the Defendant, the owner of 2,831 square meters, adjacent to the instant land, constructed a stable on the ground of the instant land, and installed a retaining wall on the livestock shed facility, floor, retaining wall on the ship, which connects each point of the attached Table 1 through 6, and 1 among the instant land, with each point of the attached Table 1 through 6, and 26 square meters in order.

[Ground of recognition] Unsatisfy, each entry or image of Gap evidence 1 through 4 (including branch numbers for those with a branch number), the result of the survey and appraisal conducted by appraiser E, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to remove the retaining wall of the stable facility and floor of the building installed in the dispute part of this case to the plaintiff, who is the owner of this case, and deliver the dispute part of this case to the plaintiff.

In this regard, the defendant shall bear considerable expenses to remove the stable facilities, floor retaining walls of the area in the dispute of this case, and the utility of the remaining stable buildings after the removal shall be significantly reduced, and the above embankment facilities, floor retaining walls shall be removed.

As long as most cattle remain as they remain, it is difficult for the plaintiff to use the dispute portion of this case for other purposes. Accordingly, the plaintiff's claim is considerably losses incurred by the defendant due to the plaintiff's claim in this case, while the profit that the plaintiff gets is not comparable, so the plaintiff's claim constitutes an abuse of rights. However, since there is no evidence to acknowledge it, the defendant's defense is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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