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(영문) 광주지방법원 2016.07.27 2015가단528463
토지인도
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff asserted that the Defendant: (a) installed fences, etc. on the part (B) of 140.4 square meters on the ship, in sequence, among the land for factory in Gwangju Mine-gu (hereinafter “instant land”) owned by the Plaintiff, on which the Defendant sought return of unjust enrichment and transfer of land. The Plaintiff sought return of unjust enrichment and transfer of land.

B. According to the reasoning of the judgment below, Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 1, and Eul evidence Nos. 1, and the purport of the argument as a result of the request for measurement and appraisal of the Korea Land Information Corporation of this Court is added, the defendant owned the land of this case on February 26, 2002 and divided the land of this case from the land prior to the division of this case among the land of this case where the buyer was running a climbing business (hereinafter "the land prior to the division of this case"). Since there are buildings, etc. on the boundary of the land prior to the division of this case and the land of this case, the fence was installed on the line connected to the land of this case. The plaintiff entered into a contract to purchase the land of this case from the defendant on July 4, 201 (hereinafter "sale of this case"), and the land rearrangement cost is borne by both parties at the time, and the buyer bears the burden of expenses incurred in the sale and purchase, and the land of this case was subject to be sold by the land boundary.

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