(영문) 대구지방법원 2019.11.22 2018가단109018

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(영문) 대구지방법원 2019.11.22 2018가단109018

토지인도

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 27, 1996, the Plaintiff acquired the instant land as an auction procedure and owned it up to now.

B. On March 25, 2011, the Defendant acquired, at the auction procedure, a house of 556.4 square meters in Daegu-gu, Daegu-gu, and its ground-based two-story (hereinafter “Defendant-owned real estate”) adjacent to the instant land, and owns it up to the present day.

C. Most of the instant land are located within the fence of the housing among the real estate owned by the Defendant, and the fence is connected with the fence in sequence with the part (a) of the instant land, which connected each point of the attached Table 1, 10, 9, 8, 7, 6, 5, and 1 of the attached Table 2 above to the main gate of the instant land. Of the instant land, there are 8, 11, 12, 13, 14, 14, and 7 of the same drawings, and 10,2, 3, 4, 6, 7, 14, 12, 11, 8, 9, 9, 9, 5, and 10 in sequence, the list of the above-mentioned parts of the instant land may be installed on the ground and on the ground.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, the result of survey and appraisal of appraiser F by this court, the result of on-site inspection by this court, the purport of the whole pleadings

2. The summary of the plaintiff's assertion is that the defendant without any title to the land of this case owned by the plaintiff 1.C.

As stated in paragraph (1), the Plaintiff’s exercise of ownership in the instant land is hindered by using the fence, parking lot, warehouse, or marina.

Therefore, the defendant, according to the plaintiff's claim for removal of interference based on ownership, is on the ground of the land of this case.

1.(c)

The walls, parking lots, and warehouses on the ground specified in item (a), (b) above the ground shall be removed, and the number of trees, streets, and streets, etc. listed in the attached Table 1, which are planted and installed on the ground surface shall be collected, and unjust enrichment arising from the occupation without permission of the land in this case shall be paid.

3. Determination

A. Most of the instant land are real estate owned by the Defendant.

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