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(영문) 광주지방법원 해남지원 2021.03.23 2020가단202187
토지인도
Text

1. The Defendant indicated in the attached Form No. 42, 43, 44, 45, 46, 47, 48, 51, 52, 53, among the area of 2,037 square meters in Namdo, Jeonnam-do, Seoul, and the Plaintiff.

Reasons

1. Basic facts

A. On February 19, 2002, the Defendant completed the registration of the transfer of ownership with respect to the 1,805 square meters of a Do fish farm (hereinafter “Defendant’s land”). On October 21, 2016, the Plaintiff completed the registration of the transfer of ownership with respect to the 2,037 square meters of land adjacent to the Defendant’s land (hereinafter “Plaintiff’s land”). The Plaintiff completed the registration of the transfer of ownership with respect to the 2,037 square meters of land adjacent to the Defendant’s land (hereinafter “Plaintiff’s land”).

B. On January 2, 2002, there exists a temporary building of 1 story of steel pipe structure with a building area of 869 square meters from around January 2, 2002 (hereinafter “Defendant building”). Among the Defendant building, part of the Plaintiff’s land intrudes on the Plaintiff’s land, occupies a part of 153 square meters of land in the line connected to each of the items in the order of 42, 43, 44, 45, 46, 47, 58, 51, 52, 52, 53, 54, 55, 56, and 42 of the attached drawing among the Plaintiff’s land (hereinafter “instant dispute part”). (The Defendant’s assertion that the Plaintiff’s land was not invaded is not acceptable) / The purport of the entire pleadings is without dispute.

2. According to the facts of the above recognition, the defendant occupied the part of the dispute of this case without authority by impairing the plaintiff's land and owning part of the defendant's building on that ground.

Therefore, the defendant is obligated to remove the part of the defendant's building located on the ground of the dispute of this case and deliver the land to the plaintiff.

I would like to say.

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

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