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(영문) 청주지방법원 2017.09.28 2016가단106759
토지인도
Text

1. The Defendant is among the Plaintiff’s forest land C, Jincheon-gun, Jincheon-gun, 16 square meters;

A. The number of points indicated in the Annex 5 and 6 shall be in order.

Reasons

1. Facts of recognition;

A. The position of the party is 1) The forest land of Jincheon-gun, Jincheon-gun, Chungcheongnam-do (hereinafter “Plaintiff’s land”).

(2) On September 12, 2015, the Plaintiff (1/2 shares), the Plaintiff (1/4 shares), and the Plaintiff (1/4 shares), on September 17, 2015, and E (1/4 shares), on October 27, 2016, the Plaintiff completed the registration of ownership transfer on the land adjacent to the Plaintiff’s land for H246 square meters (hereinafter “Defendant’s land”) due to the sale of the land by discretionary auction on December 12, 2013.

B. (1) From February 9, 2014, the Defendant: (a) around February 9, 2014, connected each point of the Plaintiff’s land indicated in the annexed Form 1, 14, 8, 7, 6, 5, and 1 (b) on the part of the Plaintiff’s land (hereinafter “part of the Plaintiff’s land”).

) The retaining wall installed by the defendant (hereinafter referred to as “the retaining wall of this case”) on the upper part of the ship that occupies the factory site and connects each point of 5 and 6, indicated in the same drawing.

)In the upper part of the line connecting each point of 6, 7, and 8, the same drawing indication, on the basis of concrete bricks installed by the Defendant (hereinafter referred to as the “instant concrete bricks and booms”).

2) There is a signboard installed by the Defendant on the ground (hereinafter referred to as “the signboard in this case”) installed around February 9, 2014, on the ground of the part (c) part (hereinafter referred to as “part (c) in the line”) connected in order to each point of the Plaintiff’s land indicated in the annexed drawing Nos. 10, 11, 12, 13, and 10.

3) In addition, the part (D) of the Plaintiff’s land, which connects each point of 8, 9, 14, and 8, is 10 square meters in line (hereinafter “part (d)”).

A) From February 9, 2014, the Defendant’s land is being used as an access road to the Defendant’s land from February 9, 2014. [The fact that there is no dispute over the grounds for recognition, Gap’s evidence 6, Eul’s evidence 1, Eul’s evidence 2-1 to 7, and the result of the request for the measurement and appraisal as to the head of Jincheon-gun Branch Office of the Korea Land Information Corporation.]

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