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(영문) 대구지방법원서부지원 2020.02.05 2017가단55227
토지인도
Text

1. The defendant shall deliver to the plaintiff A the land specified in attached Table 1, and the land specified in attached Table 2, respectively, to the plaintiffB.

2...

Reasons

1. Basic facts

A. The network E and network F are the parents of Plaintiff B, and are the grandparents of Plaintiff A.

B. On May 25, 2005, while the network E owned the land listed in the separate sheet No. 1, it was donated to the Plaintiff on May 25, 2005, and completed the registration of ownership transfer made by the Plaintiff A on May 30, 2005.

C. The Defendant is a non-profit corporation that comprehensively succeeds to the rights and obligations from the elderly farmland improvement association, a telegraphic body of the Defendant.

The deceased on May 3, 2005, while the deceased on May 3, 2005, the deceased on the attached list No. 2, and thereafter, G, H, Plaintiff B, I, J, and K acquired the shares of ownership of each land according to the statutory inheritance shares.

Since then, the deceased E died on March 26, 2015, E's share in land was succeeded to the above children according to the statutory inheritance shares.

Accordingly, the land listed in the attached list No. 2 was owned by Plaintiff B and Nonparty G, H, I, J, and K respectively.

E. Each land listed in [Attachment 1] and 2 of the current list (hereinafter “instant land”) is occupied by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The judgment is the owner of the land listed in the separate sheet No. 1, and the plaintiff B is the co-owner of the land listed in the separate sheet No. 2, and the fact that the defendant occupied the land of this case is as seen earlier. Thus, the defendant is obligated to deliver the land listed in the separate sheet No. 1 to the plaintiff A and to deliver the land to the plaintiff A seeking the transfer of the land as a preservation act of the jointly-owned property, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. On July 1, 1958, the first main point of the Defendant’s claim for prescriptive acquisition was supervised by the elderly group, and the neighboring land, including the instant land, was built as the site for the creation of a small marsh, and the construction was commenced on July 1, 1958, and completed on December 31, 1959. The elderly group at the time of the said construction.

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