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(영문) 수원지방법원 2017.03.08 2015가단142075
토지인도
Text

1. The defendant is against the plaintiffs:

(a) Of the land size of 142 square meters in Chungcheongnam-si, each point of the attached Form No. 5, 6, 7, 8, and 5 is marked.

Reasons

1. Facts of recognition;

A. On July 29, 2013, the Plaintiffs completed the registration of transfer of ownership at the ratio of 1/2 shares, respectively, on the ground of sale as of April 16, 2013, with respect to the pertinent land and its ground buildings (hereinafter “the Plaintiffs”).

B. On October 30, 1973, the Defendant’s mother E completed the registration of ownership transfer based on sale on September 29, 1973, with respect to the 79 square meters of the wife population F, 79 square meters adjacent to the instant land, and completed the registration of ownership transfer on the said ground, and completed the registration of ownership transfer on November 10, 1983.

C. On December 24, 1996, the Defendant completed the registration of ownership transfer on the ground of donation on December 20, 1996 with respect to F large 79 square meters and the Defendant’s building.

Of the land in this case, 5 square meters in the part of the attached Table 5, 6, 7, 8, and 5 (hereinafter referred to as the "part of 2 in the ship") connected with each point of 5, 6, 7, 8, and 5 shall be installed on the ground of reinforced concrete stairs leading to the second floor from the first floor of the Defendant building, and 1 square meters in the attached Table 9, 10, 11, 12, and 9 shall be installed on the 3rd part in the ship (hereinafter referred to as the "three-dimensional part in the ship") connected with each point of 9,

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2; Gap evidence Nos. 1 and 2; the result of appraiser G’s survey and appraisal; the result of the on-site verification by this court; the purport of the whole pleadings

2. Determination

A. According to the above findings of recognition on the removal of buildings and the request for the delivery of land, the defendant is obligated to remove the above parts of reinforced concrete stairs in the ground and the third part of the ground toilets in the ship to the plaintiffs who exercise the right to claim the removal of interference based on ownership as co-owners of the land of this case, unless there is no legitimate title to possess 2 or 33 parts in the ship.

B. The Defendant’s assertion 1 is between the former owner of the instant land and the former owner of the instant land, subject to a boundary survey at the time when the Defendant’s mother E constructs the instant building.

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