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(영문) 대전지방법원 2017.06.22 2015가단226394
토지인도
Text

1. A ship connecting each point of the attached Form 1 to 12, and 1, out of the 1,945 square meters in Sejong Special Self-Governing City C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

On January 8, 1987, the Plaintiff completed the registration of transfer of ownership on the ground of sale on December 27, 1986 with respect to the land of Sejong Special Self-Governing City C, 1,945 square meters (hereinafter “Plaintiff’s land”).

On March 21, 1988, the Defendant completed the registration of ownership transfer on March 18, 1655 with respect to the land D major 864 square meters and E major 650 square meters (hereinafter “Defendant’s land”).

The defendant's land is adjacent to the plaintiff's land and is located more than the plaintiff's land.

On February 27, 2008, the Defendant performed installation works, such as concrete packaging, concrete retaining walls, etc. at the boundary point of the Plaintiff’s land and the Defendant’s land after the boundary surveying of the Korea Cadastral Land Corporation.

However, the aforementioned boundary surveying by the Korea Cadastral Survey was conducted by the Defendant based on the erroneous determination of the boundary between the Plaintiff’s land and the Defendant’s land, and the Defendant installed a concrete package on the part (i) of 7m2 attached to the Plaintiff’s land, which connected each point of 12, 11, 10, 9, 8, 7, 18, 17, 16, 15, 14, 13, and 12 in sequence, which connected each point of 7m2 in the part (b) of the same drawing, a concrete retaining wall on the 7m2 of the ship connected each point of 12, 11, 10, 9, 8, 7, 18, 17, 6, and 5m2.

(hereinafter referred to as "the packaging, retaining wall, and soil wall of this case" is "the packaging, retaining wall, and soil wall of this case", and each part of the plaintiff's land 1, 2, 3 (hereinafter "each part of the land of this case") is "the ground for recognition", written evidence Nos. 1, 5, 7, 10, and 11 through 3, 12, and 13 (including each number of evidence Nos. 1 to 3, 12, and 13 (including each part of the evidence Nos. 1) are written, and the purport of the whole pleadings is asserted by the plaintiff, and therefore, the plaintiff's packaging, retaining wall, and soil wall of this case are consistent with the plaintiff'

Preliminaryly, the Defendant installed the packaging, retaining wall, and earth wall of this case without any title on the Plaintiff’s land.

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