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(영문) 춘천지방법원속초지원 2020.05.12 2019가단200395
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the 212 cubic metres B in Yangyang-gun, Gangwon-do, the attached appraisal marks 1, 2, 3, 4, 5, 6, and 1 of the 212 cubic metres respectively.

Reasons

1. Basic facts

A. 1) C is the ownership relationship of the instant land and buildings, etc. 1) C is the land of this case in Yangyang-gun, Gangwon-do as indicated in paragraph (1) of this Article (hereinafter “the instant land”).

On January 23, 1985, the registration of preservation of ownership was completed in accordance with the Act on Special Measures for Restoration Registration, Preservation Registration, etc. of Unclaimed Land owned by the Owner in the Suwon Area. On December 15, 1978, upon obtaining a construction permit from the Defendant on January 7, 1979, the previous building of this case is the same as the previous building of this case, where the block set of the ground block set of this case and the 49.14 square meters of housing of one story in the roof (hereinafter “the”).

(2) D) around July 15, 1998, purchased the instant land and the instant existing buildings from C, and completed the registration of ownership transfer on July 16, 1998 with respect to the instant land.

(3) On October 1, 2014, the Plaintiff purchased the instant land and the instant existing building from D, and completed the registration of ownership transfer on October 20, 2014, the Plaintiff removed the instant existing building and completed the registration of ownership transfer on the instant land. (4) After the Plaintiff constructed the instant existing building on the instant land, the Plaintiff completed the registration of ownership transfer on October 6, 2015, the registration of ownership transfer was completed on October 6, 2015.

B. 1) The instant land is located under the current status of the use of the instant land (i.e., the current status of the use of the instant land) on the basis of the attached appraisal map and the lower side of the instant land is Gangwon-do E-do (hereinafter “E

(B) the land adjoining to, and on the right side of, Gangwon-do Yangyang-gun F land (hereinafter referred to as “F land”);

(ii)the land above E and F are used as a road, but there is no surface abutting on each other, they cannot be immediately moved from E land to F land.

On the other hand, since the Gangwon-do Yangyang-gun G ditch, which is owned by the Republic of Korea, (hereinafter “G ditch”) adjoins all the above E land and F land, it was possible to connect E land and F land if it passes through the G ditch.

However, there is a problem.

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