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Reasons
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(영문) 전주지방법원 2015.11.04 2014가단16243
토지인도 등
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1. The defendant shall be the plaintiff.

A. Of the land of 41,577§³ in Jeonju-gun, Jeonju-gun, the attached appraisal map shall be indicated 46 to 64, and 9.

Reasons

1. Facts of recognition;

A. On November 23, 1989, the Plaintiff completed the registration of ownership transfer on the land Nos. 1 and 2 of this case on November 23, 1989 on November 7, 1989.

B. From the time when the Plaintiff acquired the ownership of the instant land Nos. 1 and 2 to the date of the closing of argument in this case, the Defendant cultivated the farmland in the order of KRW 46 to 64, 9 to 11, 65, 66, 41 through 36, 45, 67 through 69, and 46 in the order of each of the items in (b) part 1,728 square meters connected to the instant land, among the instant land No. 1, and owned the said portion in the order of KRW 70 to 84, 64 to 60, and 717 square meters in each of the items in the attached Table No. 717 square meters in each of the instant land (hereinafter “each of the instant graves”). The Defendant occupied the said portion in each of the instant land, and owned the said portion in each of the said Section 4(b) and (c) in each of the aforementioned order.

[hereinafter] Of the land of this case, the part of (b) and (c) of the land of this case and the part of (a) of the land of this case 2 shall be referred to as "the occupied part of this case"]

With respect to three of the above graves, the cemetery report was completed in November 1970 with respect to the E-Myeon of the Dunju-gun. D.

Where an amount equivalent to the rent is calculated based on the actual use status, if the amount equivalent to the rent for the period from May 9, 2004 to January 8, 2015 is added, the amount equivalent to the rent for the period from May 9, 2004 to January 8, 2015 of the instant land is KRW 11,109,340 for the part (B) out of the instant land, KRW 4,948,670 for the part (C) out of the instant land, KRW 343,310 for the part (a) out of the instant land among the instant land, KRW 343,310 for the said part, and the amount equivalent to the rent for May 9, 2014 to May 8, 2015 for the part (b) out of the instant land, KRW 126,490 for the part (c) of the instant land, KRW 56,360 for the part (a) of the instant land, KRW 3910.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 2, and Eul No. 1 through 1.

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