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(영문) 제주지방법원 2016.01.08 2014가단11085
토지인도 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion is the owner of the land C and the ground building in Jeju City (hereinafter “Plaintiff’s land”). The Defendant is the owner of the land D and the building on the ground adjacent thereto in Jeju City (hereinafter “Defendant’s land”) and the owner of the building on the ground. Around 2013, the Plaintiff constructed a new building on the Defendant’s land and built a new building on the part “B” (hereinafter “the part on the instant land”) connected in order to each point of the land indicated in the annexed drawing Nos. 2, 3, 4, 5, and 2 among the Plaintiff’s land. The Defendant is obligated to remove the building installed on the land and the ground attached to the Plaintiff and deliver the said land.

B. In light of the judgment, the result of the commission of appraisal to the Jeju branch of the Jeju Special Self-Governing Province headquarters of the Jeju Special Self-Governing Province is insufficient to acknowledge the Plaintiff’s above assertion that the Defendant violated the part of the instant land and constructed a structure such as a building on the ground or underground, and there is no other evidence to acknowledge it otherwise.

[3] The Plaintiff’s ground of appeal Nos. 4, 5, and 6 and the ground of appeal Nos. 4, 6, the result of the on-site inspection by this court, and the purport of the entire pleadings is gathered. Rather, the part of the instant land is merely a land left between the boundary line between the wall and the Defendant’s land (parking part) and the fence. The Plaintiff’s ground of appeal is

2. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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