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(영문) 의정부지방법원 2017.04.28 2016나55388
토지인도
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On August 29, 200, the Plaintiff: (a) completed the registration of ownership transfer with respect to C & 366§³ (hereinafter “instant land”); (b) on March 25, 2004, the Defendant completed the registration of ownership transfer with respect to 1/2 shares of D & 358§³ (hereinafter “instant land”) adjacent to the instant land; (c) around around 2007, the Defendant installed a stone shed for landscaping (hereinafter “instant stone shed”); and (d) on the basis of the lower part of the instant land, the instant stone shed was connected with each point of (b) the part of the attached drawing No. 1 through 8 and 1 among the instant land, which was connected in sequence with each point of (c) the lower part of the instant land (hereinafter “instant part”), and there is no dispute between the parties to the instant land, or comprehensively taking account of the purport of the appraisal number No. 1 and the purport of the entire land appraisal number No. 21 square meters (hereinafter “instant part”).

Therefore, barring any special circumstance, the Defendant is obligated to remove the ground stone on the part of the instant intrusion to the Plaintiff and deliver the said land to the Plaintiff.

2. Judgment on the defendant's defense

A. The Defendant’s assertion 1) The Plaintiff’s ground and the Defendant’s ground and the Defendant’s land were purchased at the same club, and sold a total of 101 households. At the time of the sale of the electric power resource housing, the boundary between each household was 1/2 of the land of each household after consultation between the electric power resource village promotion committee and the supervisory company. However, around 207, there was an agreement that the Plaintiff filed an objection on the boundary of a stone shed installed as above and filed a boundary restoration survey to 1/2 each of the land owned by the Plaintiff and the Defendant’s land owned by the Plaintiff, based on the said boundary line, re-stacked a stone shed to 1/2 each of the land owned by the Plaintiff and the Defendant’s land. In accordance with the agreement, tin construction was carried out, but it was less than the first tin axis installed.

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