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(영문) 창원지방법원 거창지원 2017.02.07 2016가단856
토지인도
Text

1. The Defendants are, in turn, indicated in the annexed drawings No. 1, 2, 3, 4, and 1 among the 1,221 square meters in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. On August 26, 2014, the Plaintiff completed the registration of ownership transfer on the ground of sale on August 21, 2014, with respect to 1,221 square meters (hereinafter “instant land”).

B. On December 19, 2006, Defendant B completed the registration of ownership preservation with respect to the E 365 square meters (hereinafter “E land”). On August 5, 1981, Defendant B completed the registration of ownership transfer on the F 1,640 square meters (hereinafter “F land”) on the ground of sale on May 10, 1974.

C. Land E is adjacent to the south of the instant land, and F land is adjacent to the south of the instant land.

(The arrangement of each of the above lands is as shown in the annexed Form 1).

The Defendants, inter alia, cultivated spores, etc. on the ground of E in the instant land that is adjacent to the north side of E land, and spores, connected to each point of the attached Form 1, 2, 3, 4, and 1,00 square meters (hereinafter “the occupied part of this case”) in the instant land that is connected in order to cultivate crops listed in the attached Table 2, and possess the occupied part of this case by installing obstacles to the same list in order to cultivate crops listed in the attached Table 2.

(E) A vinyls installed on the ground of the E land do not violate the land of this case). [Grounds for recognition] A] without dispute, entry and video of Gap evidence Nos. 1 through 4, 9, and Eul evidence Nos. 4 (including each number), the result of the survey and appraisal entrusted to the Korea Land Information Corporation, and the purport of the entire pleadings.

2. According to the above facts of determination as to the cause of the claim, the Defendants, as co-owners of the land of this case, are obligated to collect crops and obstacles listed in the attached Table 2 list on the ground in possession of the land of this case from the Plaintiff, who is the owner of the land of this case, and to deliver

3. Judgment on the defendants' assertion

A. Considering the result of the boundary restoration survey conducted on February 20, 2001 with respect to the alleged F land and the location and area of E land adjacent to the north of F land, the Defendants are E.

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