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(영문) 전주지방법원정읍지원 2016.05.31 2015가단10668
지상물철거 및 토지인도
Text

1. The Defendant shall, in turn, turn out to the Plaintiff each point of the attached Form 11, 19, 20, 21, and 11, among the area of 768 square meters in Jeonbuk-gun, Jeonbuk-gun, Seoul.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is that the Defendant occupied part of the area of 768 square meters (hereinafter “instant land”) owned by the Plaintiff, leaving the waste alone, and without permission. As such, the Defendant is obligated to remove the said waste and deliver the said land.

B. The part where the Defendant’s assertion of waste is neglected is not the land of this case owned by the Plaintiff, but the said waste is not owned by the Defendant.

2. Determination

A. According to the evidence Nos. 3 through 9 (including each number; hereinafter the same shall apply), the result of the commission of appraisal and the commission of appraisal and supplementation to the branch offices of the Korea Land Information Corporation, the whole purport of the pleadings, the following facts can be acknowledged.

① The Plaintiff is the owner of the instant land, and the Defendant is the owner of 238 square meters, which is the owner of the 238 square meters away from the Jeonbuk-gun, Jeonbuk-gun, adjacent thereto, and the Defendant invaded the instant land and installed a wall and a stable on the ground.

② On May 20, 2015, the Plaintiff and the Defendant agreed to survey the boundary between the instant land and the Defendant’s land and to deliver the land by removing the other party’s ground facilities.

③ On April 21, 2015, the Plaintiff filed the instant lawsuit against the Defendant.

As the result of the appraisal commission on the ground water owned by the Defendant on the ground of the instant land arrives, the Defendant re- installed a fence in line with the boundary of the instant land, or removed a stable.

④ As of the closing date of pleadings in the instant case, old fishing gear and waste are left alone on the ground of 21 square meters in part (i) in the attached drawing indicating the attached drawing among the instant land.

(A) Nos. 3 and 9 are stated to the effect that the Defendant kept the ropes of fishing gear on the ground of the instant land on the first date for pleading of the court (see, e.g., evidence Nos. 3 and 9) and at the time of the first appraisal.

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