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(영문) 춘천지방법원 원주지원 2018.10.16 2018가단301434
토지인도
Text

1. The Defendant, in turn, has indicated 10, 11, 21, 22, 23, and 10 of the attached reference sheet among the land size of 324 square meters in Jeonju-si.

Reasons

As to the cause of action

A. The facts without dispute, and according to Gap evidence Nos. 1 and 3, the plaintiff owned 324 square meters (hereinafter "the land of this case"), among the land of this case, the plaintiff owned 10, 11, 21, 22, 23, and 10 square meters in the attached reference table among the land of this case, and the defendant possessed 5 square meters in the part (D) of cement bricks, bricks slive roof, one house, and retail store connected in order to each of the above 11, 12, 20, 6, 7, 24, 232, 21, and 11, the total of the above 24 square meters in the ship connected each of the above 1, 12, 20, 20, 7, 24, 232, 21, and 24 square meters in the above part (e) above and each of the above 5,24 square meters in the above part (hereinafter "each of the building of this case").

B. Therefore, barring special circumstances, the Defendant is obligated to remove each of the above ground buildings of this case to the Plaintiff and deliver each of the above parts to the Plaintiff.

As to the defendant's argument

A. The defendant asserts that the defendant's parent D and deceased E, from 1974, occupied each part of the ship of this case in peace and public performance with the intention to own the ship of this case, and that the defendant's Dong F and the defendant acquired such possession in order, possession of each part of the ship of this case was completed.

However, there is no evidence to prove the defendant's assertion, and according to each of the Gap evidence Nos. 2 (including the paper number, hereinafter the same), F merely leased the land of this case around September 1982. Thus, this part of the defendant's assertion is without merit.

B. The defendant asserts that the defendant shall exercise his right to purchase each of the above ground buildings of this case since he has the right to purchase each of the above ground buildings of this case upon the termination of lease.

However, regarding the instant land between the Plaintiff and the Defendant.

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