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(영문) 대구지방법원 2017.02.24 2015가단113290
토지인도
Text

1. The Defendants:

A. The plaintiff A indicated the annexed drawing Nos. 41 to 55 among the 9 group 6 group 1 forest land E in Gyeong-gun, Seongbuk-gun.

Reasons

1. Determination on the cause of the claim

A. On September 30, 1970, with respect to the Plaintiff’s name as to the forest E, 9 YY E, Gyeong-gun, Gyeong-gun, Gyeong-gun (hereinafter “instant one land”), each ownership transfer registration has been completed on October 17, 1996 under the Plaintiff’s name as to the said F Forest E, 8,421 square meters (hereinafter “instant two land”).

(2) On March 23, 2013, the Defendants purchased 1,706 square meters (hereinafter “instant adjoining land”) from G to G, and completed each registration of ownership transfer on May 6, 2013 with respect to the shares of 1136/1706, Defendant C, while Defendant D completed each registration of ownership transfer with respect to shares of 570/1706.

(3) The Defendants installed a fence structure on the line connected with the No. 41 to 55 of the annexed drawing among the land of this case (hereinafter “the instant one wire network”) and possess possession of part 483 square meters in a ship (hereinafter “the instant one possession part”) which connects each point of the said drawing to each point of the said drawing.

In addition, among the land in this case 2, the steel nets are installed on the line connecting 39,40,41 with the indication of the attached drawing among the land in this case (hereinafter “the steel nets in this case”), and the parts (d) and 22 square meters in the ship (hereinafter “the two possession parts in this case”) connected each point of 39,40,41,10,39 are occupied.

Part of each of the above possession areas is cultivated by crops, and cochip trees, etc. are planted.

[Reasons for Recognition] Unsatisfy Facts, Gap 1 to 3 evidence, each entry and image of Eul 1 to 3 evidence (including each number), the result of the on-site verification by this court, the result of the appraiser I's survey and appraisal, the purport of the whole pleadings

B. According to the above facts, the Defendants, barring special circumstances, have the duty to remove the steel nets of this case established on the land of this case to the Plaintiff A, and deliver the portion of possession of this case to the Plaintiff B, and the two steel nets of this case established on the land of this case to the Plaintiff B.

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