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(영문) 창원지방법원 거창지원 2021.02.23 2019가단11741
토지인도
Text

Plaintiff

The boundary line of 372m2 and 195m2 owned by the Defendant shall also be indicated in attached Form 1.

Reasons

Facts of recognition

A. On April 5, 2017, the Plaintiff completed the registration of transfer of ownership on March 2, 2017, with respect to C & 372 square meters (hereinafter “instant land”) and the 96.63 square meters of a single-story house with a concrete structure container in the steel bars adjacent to the said land [the two-storys of the 74.45 square meters wide from December 26, 2019, with an extension of the 74.45 square meters above the 2nd floor, which became a multi-unit house with a steel reinforced concrete structure and light-weight steel structure];

On March 26, 2014, the Defendant completed the registration of ownership transfer on March 10, 2014 with respect to D, 195 square meters adjacent to the instant land (hereinafter “D”) and one-story roof of 195 square meters adjacent to the instant land, 45.56 square meters, attached brick stringer, roof 27.50 square meters (27.50 square meters, marked on the registration record, one-story roof of 27.50 square meters, marked on the registration record; hereinafter “D warehouse”), and 2.25 square meters of toilets of the block string roof of the block (hereinafter “instant D buildings”) (in cases where buildings on the instant land were collectively referred to as “the instant D buildings”) on the ground of sale and purchase on March 10, 2014.

B. As a result of the survey on the boundary restoration of the instant land C conducted on April 22, 2009 at the request of E, which is the former owner of the instant land, part of the D warehouse of this case was found to have infringed on the boundary of the instant land C.

(c)

From August 2017 to December 2019, the Development-gun designated and publicly announced the same Japan as a cadastral reinvestigation project district under the Special Act on Cadastral Re-inspection (hereinafter “instant cadastral re-survey project”) on the ground that the land price of Fri-ri-gun F, 136 lots of land, including the instant land and the instant D land, and the boundary of the cadastral drawings, corresponds to the inconsistency between the current status of the land and the cadastral map. After conducting the cadastral re-survey, the said land was prepared and notified to the Plaintiff on August 27, 2019, by giving a written notification of confirmation of the fact that the area of the instant land C is reduced from 372 square meters to 28.3 square meters.

On September 10, 2019, the Plaintiff filed an objection.

(d)..

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