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(영문) 대구지방법원안동지원 2020.09.15 2019가단3004
토지인도 등
Text

The Plaintiff

A. Defendant B’s appraisal of the attached Form No. 51, 65, 66, 67, 68, 69, 70, 71, 72, among the land of forest E 16,264 square meters in permanent residence.

Reasons

1. Facts of recognition;

A. The Plaintiff is a co-owner who has a stake of 796.5/16264 shares among E forest land 16,264 square meters in permanent residence (hereinafter “instant forest”).

B. Defendant B, among the instant forests, uses the portion of 51, 65, 66, 67, 68, 69, 70, 71, 72, 72, 49, 50, and 51 attached Table No. 51, 65, 66, 64, 63, 62, and 54 square meters in the ship, which connected the appraisal of the instant forest as an orchard without title, as an orchard, and uses the portion of 544 square meters in excess of 54, 55, 56, 64, 63, 62, and 54 square meters in proportion to the appraisal of the instant forest, without title. The said appraisal is also owned as a road or ditch with no title title in sequence 57, 58, 59, 60, 61, 53, 54, 62, 63, 64, 57.

C. Of the instant forest land, Defendant C uses the same appraisal map as 175 square meters on board as indicated in the attached Table 9, 10, 11, 12, 13, 14, 73, 74, 75, 76, 77, 77, 78, and 9, among the instant forest land, as indicated in the attached Table 9, 10, 11, 12, 13, 14, 73, 74, 70, 81, 82, 83, 85, 86, 87, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 79 square meters for ginseng cultivation without any title.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the result of this court's request for surveying and appraisal to the permanent salary branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the defendants occupy part of the forest of this case without permission, they are obligated to remove obstacles, such as fruit trees, etc. on the ground of the above (c) part among the forest of this case, and to deliver each of the above (c) part (c) part (a) and part (a) and part (b) 12m29m29m20, among the forest of this case, to the plaintiff as co-owner of the above forest of this case. Defendant C is obligated to remove each obstacles, such as the above (d) part (e) and (v) part (e) part (i) and the ginseng cultivation facilities on the ground of the above (d) part (v) and deliver each of the above (d) part (v) part (v

3. Determination as to Defendant C’s assertion

A. Defendant C’s assertion is adjacent to the instant forest land from F.

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