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(영문) 광주지방법원장흥지원 2017.04.05 2016가단3806
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 331 square meters in Jeonnam-gun, Jeonnam-gun, the number of points indicated in the attached Form 1, 2, 3, 4, and 1 shall be in order.

Reasons

1. Basic facts

A. 1) The current status of changes in ownership of each land of this case 331m2, Jeonnam-gun, Jeonnam-gun (hereinafter “instant land”).

The current status of the change in ownership is as listed in the following table. The current status of the change in ownership (the date of registration) of the date of the acquisition of ownership by the sequence of ownership is as listed below. On November 1, 1999, Plaintiff 2, 17, 2015, Plaintiff 558 square meters (hereinafter “instant land 2”) of Jeonnam-gun, Seoul Special Metropolitan City, Seoul Special Metropolitan City, for the change in ownership is as listed in the following table:

The Plaintiff on October 10, 201, on October 21, 201, on October 21, 201, on the date of acquisition of ownership (registration rental date) ownership: (a) the date of acquisition of ownership; (b) the date of acquisition of ownership; (c) the date of acquisition of ownership; (d) the Plaintiff on August 6, 2015.

B. 1) In around 195, F newly constructed each structure on the ground of 12 square meters in the part inside the ship connecting each point of 1,2,3,4, and 1 among the instant land No. 1, and on the ground of 61 square meters in order of the separate drawings among the instant land No. 2, the part inside the ship connecting each point of 5 through 16, and 61 square meters in order of the separate drawings among the instant land No. 2. However, each of the above structures was an unauthorized building, and thus did not complete the registration of ownership preservation (hereinafter “the instant building No. 1,” and the structure on the ground No. 2 of the instant land is “the instant building No. 2.”

2) On September 25, 2001, F transferred each of the instant structures to the Defendant along with the instant land No. 2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6 (including various numbers for those with different numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Of the instant land No. 1, the part on the ship connected in sequence 1, 2, 3, 4, and 1, among the items indicated in the annexed drawing No. 1, the part on the ship connected in order to determine the claim for the building No. 1 of this case and the part on the land No. 1 of this case, which is owned by the Plaintiff, are possessed by the Defendant holding the instant building No. 1 of which he/she actually has the disposal right without any authority on the land No. 1 of the annexed drawing No. 1 of this case.

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