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(영문) 부산지방법원 2015.05.29 2014가단226921
토지인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 26, 1981, the Plaintiff completed the registration of ownership transfer with respect to 140/5320 out of 30/5320 of the above land, and completed the registration of ownership transfer with respect to 3063/5320 of the above land on August 3, 2001, to E on August 3, 2001, the Plaintiff completed the registration of ownership transfer with respect to 3063/5320 of the above land.

B. F. On December 3, 1970, G 51 square meters adjacent to the instant land (round March 18, 1985, HW large 27 square meters divided, and 142 square meters remain. F. The same month as to the land before the division (hereinafter “Defendant’s land”).

2. Completion of the registration of ownership transfer due to sale and construction of housing on the ground around August 10, 1971.

C. At the time F purchased the Defendant’s land, the Defendant’s land and fenced the instant land to the boundary. However, the fenced the part of “A” part of “A” connected each of the points in sequence with the Plaintiff’s land indicated in the separate sheet No. 1, 2, 3, 14, 21, 20, 18, 19, 9, 10, 11, 12, and 10 square meters (hereinafter “instant land”). F installed a warehouse on the ground of “B” portion connected each of the points in sequence 12, 15, 16, 17, 17, 18, 19, 10, 11, and 12, and each of the above parts “A” portion of “A” portion “A” connected each of the above drawings No. 2, 3, 14, 13, and 12.

According to the FF's death on August 22, 1992, the Defendant has continuously occupied and used the land on the Defendant's side and its ground.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 through 3, Eul evidence 1 and 2 (including each number), the result of the appraisal commission to the intellectual property of this court, the result of the plaintiff's personal inquiry, the purport of the whole pleadings

2. The argument and judgment.

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