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(영문) 수원지방법원 2015.08.12 2014가단524564
토지인도및 지장물철거
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 1,302 square meters of C forest land in e.g., each point of the attached Form 42, 43, 19, and 42 shall be indicated in order.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner who completed the registration of ownership transfer on April 24, 2008, based on sale on April 23, 2008, with respect to 1,302 square meters of C forest land (hereinafter “instant real estate”).

B. The Defendant, as an owner of D large scale 440 square meters and E large scale 410 square meters adjacent to the instant real estate, newly constructed a single-story detached house (hereinafter “instant housing”) on the said two parcels on August 6, 209 and completed the registration of ownership preservation. Of the instant real estate owned by the Plaintiff, the Defendant installed two stories of the instant housing on the ground of 200 square meters connected each point of (i) the attached map No. 42,43,19,42, and connected each point of (ii) the two stories of the instant housing on the ground of 200 square meters, the same map No. 23,24,25,26,27, 35, 34, 41, 30, 39, 37, 37, 37, 36, 236, 234, 37, 47, 37, 37, 36, and 234.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 2 and 3 (including additional numbers), the result of this court’s request for surveying and appraisal of the appraiser F of the Korea Cadastral Corporation, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant without any title, installed the facilities of the instant real estate owned by the plaintiff on the instant real estate, planted trees, and occupied the said real estate. Thus, barring any special circumstance, the plaintiff is obligated to remove the second floor stairs, stone embankments, steel fences, street lamps, etc. installed on the instant real estate, and relocate the planted large tree 42gs to different places, and deliver the part possessed by the defendant among the instant real estate to the plaintiff.

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