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(영문) 대구지방법원포항지원 2016.12.13 2016가단102120
토지인도
Text

1. Of the 6,400 square meters in Mapo-gu, Northern-gu, Mapo-gu, Mapo-si, the Defendant indicated the attached sheet No. 1, 2, 3, 4, 24, 23, 22, and 1 on the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 31, 2015, the Plaintiff is the owner who completed the registration of transfer of ownership on the ground of sale on July 28, 2015, with respect to the 6,400 square meters in Northern-gu, Chungcheongnam-gu, Northern-si.

B. The Defendant, among the 6,400 square meters in Seo-gu, Northern-gu, Chungcheongnam-gu, Mapo-gu, Mapo-si, owns 19 square meters on the ground of 92 square meters in the ship, which connects each point of the attached Table 1, 2, 3, 4, 24, 23, 22, and 1 in sequence, connected with each point in the same order (hereinafter “instant land”).

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

2. According to the above facts of recognition, the Defendant occupied the instant land owned by the Plaintiff by planting 19 share of saf trees, which is owned by the Plaintiff, and thereby hindering the Plaintiff’s exercise of ownership. As such, the Defendant is obligated to deliver the instant land to the Plaintiff and collect 19 share of the said saf trees.

3. Conclusion, the plaintiff's claim of this case is justified.

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