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(영문) 서울중앙지방법원 2016.01.28 2014가단5262313
토지인도
Text

1. The Defendant shall, in order to the Plaintiff, each point of the attached Form 7, 8, 9, 10, 7, out of the Jongno-gu Seoul Metropolitan Government 347 square meters.

Reasons

1. Basic facts

A. On June 30, 2010, the Plaintiff completed the registration of ownership transfer with respect to Jongno-gu Seoul Jongno-gu Seoul (hereinafter “instant land”).

B. On September 4, 1978, the Defendant completed the registration of ownership transfer with respect to the land of Jongno-gu Seoul D large 445 square meters. On September 14, 1983, the Defendant completed the registration of ownership transfer with respect to the building of detached housing of three floors on the above land. Of the instant land, a fence (hereinafter “the wall of this case”) is installed on the line connecting each point of 9,10 square meters indicated in the attached drawing, and a steel gate (hereinafter “the instant steel gate”) is installed on the line connected each point of 8,9, and each part of the attached drawing indicated in 7,8,9,10,00 and 21 square meters of the land of this case (hereinafter “the instant land”) connected each point of 21 square meters of the attached drawing among the instant land (hereinafter “the instant land”) and 8,3,11,99, and 200 square meters of the land owned by the C&C of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1 and 2-2, the result of the request for surveying and appraisal to the Director of Jongno-gu Intellectual Property Corporation, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to remove the instant fence and the instant steel gate respectively to the Plaintiff, who is the owner of the instant land, and to deliver each of the instant part and the instant three-dimensional land to the Plaintiff, which is the owner of the instant land.

3. Judgment on the defendant's assertion

A. First, the Defendant acquired the ownership of the land adjacent to the instant land on September 4, 1978, and the Defendant, prior to purchasing the instant land, purchased the instant part with the knowledge that the instant part was naturally included in the said land as a matter of course, and the part of the instant part of the intrusion was part.

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