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(영문) 춘천지방법원 2015.09.10 2014가단31984
토지인도
Text

1. The part concerning the claim for boundary confirmation among the instant lawsuit is dismissed.

2. The defendant is one of the area of 303 square meters prior to Chuncheon City D, which is against the plaintiffs.

Reasons

1. Facts of recognition;

A. 303 square meters prior to Chuncheon-si is the land divided on June 9, 201 from F. 5,365 square meters prior to Chuncheon-si.

(2) On March 20, 1998, Plaintiff B completed the registration of transfer of ownership with respect to the above D land 5,365 square meters prior to FF on March 20, 199, and held it. On February 6, 2009, Plaintiff B completed the registration of transfer of ownership with respect to the above D land 331/5365 square meters due to the same day donation to Plaintiff A. As to the instant land after division, Plaintiff B owns the share of 5034/5365, and Plaintiff B owns the share of 5034/5365.

On the other hand, the Defendant owned the land of 3,350 square meters for E farm site in Chuncheon on or around February 18, 1985 (the Defendant’s wife acquired the said land around February 18, 1985, and thereafter received donations from the Defendant around December 30, 2010) and used the said land by constructing stables, plastic houses, etc. on the ground from November 23, 2004 (hereinafter “Defendant’s land”). The instant land and the Defendant’s land adjoining to the boundary line, each of which was linked in sequence 1, 31, 11, 30, 10, 10, 29, 28, 26, 23, 22, 8, and 7, indicated in the annexed drawing.

B. Of the instant land, the portion of “A” part of the instant land, which was connected in order to each of the points indicated in the attached drawing Nos. 2, 3, 4, 5, 6, 7, 8, 22, 21, 20, 19, 18, 17, 16, 15, 14, 13, 12, and 197 square meters, among the instant land, is used as a asphalt package (hereinafter “the instant road part”), and the Defendant’s vinyl was installed on the ground of one square meter connected each of the points indicated in the attached drawing Nos. 28, 27, 26, and 28. On the ground that the Defendant installed on the part of “A”, which was connected in order to each of the points indicated in the same drawing No. 14, 15, 30, 11, 31, and 14, a concrete package connected with the Defendant’s land.

In addition, the portion of “2” portion on a ship connecting each point of 19, 20, 21, 22, 23, 24, 25, and 19 are the legal surface of a road, and the portion of “2” portion of 8 square meters is 35 square meters connected each point of 18, 19, 25, 24, 23, 26, 27, 28, 29, 29, and 18 of the same drawings.

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