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(영문) 수원지방법원평택지원 2016.08.24 2015가단44767
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the lands listed in attached Table 1 List 1, the Attached Form 30, 31, 32, 84, 30.

Reasons

1. Facts of recognition;

A. The Plaintiff’s trade name was changed to the current trade name through a Maritime Development Co., Ltd. and Pyeongtaek-si farm. Accordingly, the registration of change of the indication of each land listed in the separate sheet No. 1 (hereinafter “instant land”). As to the land listed in the separate sheet No. 1 (hereinafter “instant land”), the Plaintiff is the owner who completed the registration of change of ownership on February 24, 2005, and as to the land listed in the separate sheet No. 2 of the separate sheet No. 1 (hereinafter “instant land”) on December 31, 1974, the Plaintiff is the owner of the ownership who completed the registration of change of ownership on February 24, 2005, and as to the land listed in the separate sheet No. 2 of the separate sheet No. 1 (hereinafter “instant land”). From September 6, 1978, some shares were transferred after completing the registration of change of ownership

B. From January 1, 2010 to December 31, 2014, the Defendant began to possess and use part of the instant land for the purpose of storage of various materials without any title. The part occupied and used by the Defendant without permission from January 1, 2010 to December 31, 2014 among the instant land No. 1, which is part of “B” in the attached Form 3, and part of “D” in the attached Form 3 among the instant land No. 2, and the part of “D” in the attached Form 3 among the instant land No. 2, and the part occupied and used without permission from January 1, 2015 to December 31, 2014, is the same as Disposition No. 1.

(a).

As indicated in the claim, the part “B” in the attached drawing No. 2 among the land No. 1 of this case and the part “D” in the attached drawing No. 2 of this case among the land No. 2 of this case (hereinafter “the part in the attached drawing No. 3”) and the part “D” in the attached drawing No. 2 of this case are 494mm2

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the result of this court's request for measurement and appraisal of the president of the Pyeong National Land Information Corporation at issue, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition as to the claim for delivery, the defendant without any title occupies and uses the part concerning the third and fourth disputes in the land of this case among the first and second lands of this case. Thus, the land of this case 1.

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